GENERAL ACTS
PASSED HY THE
(ieneral d^uurt rif gHassatlmsetts,
IN THK YEAR
1916,
TOGETHER WITH
THE CONSTITUTION, LIST OF THE OFFICERS OF THE
CIVIL GOVERNMENT, TABLES SHOWING CHANGES
IN THE GENERAL STATUTES, ETC., ETC.
PUBLISHED BY THE
SECRETARY OF THE COMMONWEALTH.
BOSTON :
WEIGHT & POTTER PRINTING CO., STATE PRINTERS,
32 DERNE STREET.
1916.
A CONSTITUTION
FORM OF GOVERNMENT
(FI)P Commntmipallli nf iUasaarliuflrtlH
PREAMBLE.
The end of the institution, maintenance, and administra- objecte of
tion of government, is to secure the existence of the body government.
politic, to protect it, and to furnish the individuals who
compose it with the power of enjoying in safety and ti'an-
quillity their natural rights, and the blessings of life : and
whenever these great objects are not obtained, the people
have a right to alter the government, and to take meas-
ures necessary for their safety, prosperity, and happiness.
The body politic is formed by a voluntary association Body politic,
of individuals : it is a social compact, by which the whole lu'liful?^!'^'
people covenants with each citizen, and each citizen with
the whole people, that all shall be governed by certain
laws for the common good. It is the duty of the people,
therefore, in framing a constitution of government, to pro-
vide for an equitable mode of making laws, as well as for
an impartial interpretation and a faithful execution of
them ; that every man may, at all times, find his security
in them.
AVe, therefore, the people of Massachusetts, acknowl-
edging, with grateful hearts, the goodness of the great
Legislator ol" the universe, in affording us, in the course
of His providence, an opportunity, deliberately and peace-
CONSTITUTION OF THE
ably, without fi-aud, violence, or surprise, of entering into
an original, explicit, and solemn compact with each other ;
and of forming a new constitution of civil government,
for ourselves and posterity ; and devoutly imploring His
du'ection in so interesting a design, do agree upon, ordain,
and establish, the following Declaration of Rights^ and
Frame of Government^ as the Constitution of the Com-
MON^VEALTH OF MASSACHUSETTS.
Equality and
natural rights
of all men.
Right and duty
of public relig-
ious worship.
Protection
therein.
2 Cush. 104,
12 Allen, 129.
Amendments,
Art. XI. Bubsti.
tuted for this.
Legislature
empowered to
compel provi-
sion for public
worship ;
PART THE FIRST.
A Declaration of the llights of the Inhabitants of the
Commonwealth of Massachusetts.
Article I. All men are born free and equal, and have
certain natural, essential, and unalienable rights ; among
which may be reckoned the right of enjoying and defend-
ing their lives and liberties ; that of acquiring, possess-
ing, and protecting property ; in fine, that of seeking and
obtaining their safety and happiness.
II. It is the right as well as the duty of all men in
society, publicly, and at stated seasons, to worship the
Supreme Being, the great Creator and Preserver of the
universe. And no subject shall be hurt, molested, or
restrained, in his person, liberty, or estate, for worship-
ping God in the manner and season most agreeable to the
dictates of liis own conscience ; or for his religious pro-
fession of sentiments ; provided he doth not disturb the
public peace, or obstruct others in theu' religious worship.
III. [As the happiness of a people, and the good order
and preservation of civil government, essentially depend
upon piety, religion, and morality; and as these cannot
be generally diffused through a community but by the
institution of the public worship of God, and of public
instructions in piety, religion, and morality : Therefore,
to promote their happiness, and to secure the good order
and preservation of their government, the people of this
commonwealth have a right to invest their legislature with
power to authorize and require, and the legislatm-e shall,
from time to time, authorize and require, the several towns,
parishes, precincts, and other bodies politic, or religious
societies, to make suitable provision, at their own expense,
for the institution of the public worship of God, and for
COMMONAVEALTII OF MASSACHUSETTS. 5
the support and maintenance of public Protestant teachers
of piety, reliirion, and morality, in all cases where such
provision :>hall not bo made vohmtarily.
And the people of this commonwealth have also a right atten*dMce^°*°
to, and do, invest their legislatm*e Avith authority to enjoin thereon,
upon all the subjects an attendance upon the instructions
of the public teachers aforesaid, at stated times and sea-
sons, if there be any on whose instructions they can con-
scientiously and conveniently attend.
Provided, notAvithstanding, that the several towns, par- Exclusive right
ishcs, precincts, and other bodies politic, or religious socie- fiu^i^ieache^s'^'
ties, shall, at all times, have the exclusive right of electing ««<'"''^^-
their public teachers, and of contracting with them for
their support and maintenance.
And all moncA's paid by the subject to the support of ^^omVa^rochiai
public Avorship, and of the luiblic teachers aforesaid, shall, taxes may be
f- . .'• . ^ paid, unless,
II he requu'e it, be uniformly applied to the support of the etc.
public teacher or teachers of his oAvn religious sect or de-
nomination, proA^ded there be any on whose instructions
he attends ; otherAA^ise it may be paid towards the support
of the teacher or teachers of the parish or precinct in Avhich
the said moneys are raised.
And every denomination of Christians, demeaning them- Aiidenomina.
seh-^es peaceably, and as good subjects of the commouAvealth, proTectld. ^
shall be equally under the protection of the law : and no suborflnation
subordination of any one sect or denomination to another anotTermo^
shall e\'er be established by law.] hibued.
IV. The people of this commonAvealth haA'e the sole Right of self
and exclusive right of governing themselves, as a free, fecured?^°
sovereign, and independent state ; and do, and forever
hereafter shall, exercise and enjoy CA^ery poAver, jurisdic-
tion, and right, which is not, or may not hereafter be, by
them expressly delegated to the United States of America,
in Congress assembled.
V. All power residing originally in the people, and ^f^f^.fffij'er"^
being derived from them, the scA'cral magistrates and etc
officers of government, vested Avith authority, whether
legislative, executive, or judicial, are their substitutes
and agents, and are at all times accountable to them.
VI. No man, nor corporation, or association of men, services ren.
have any other title to obtain advantages, or particular puMfc^be\ng
and exclusive privileges, distinct from those of the com- JJ^cui'iir privi'°
munitv, than Avhat arises from the consideration of ser- jeges,heredi-
" ^ ^ . ., tary oflices are
Vices rendered to the public; and this title being in absurd and
nature neither hereditary, nor transmissible to children, ''°"*"'"*'
CONSTITUTION OF THE
Objects of gov-
erument; right
of people to
institute aud
change it.
Right of people
to secure rota-
tion in oiHce.
All, having the
qualifications
prescribed,
equally eligible
to office. For
the definition of
" inhabitant,"
see Ch. 1, Sect.
2, Art. II.
Right of protec-
tion and duty of
contribution
correlative.
Taxation
founded on
consent.
16 Mass. 326.
1 Pick. 418.
7 Pick. 344.
12 Pick. 184, 467.
16 Pick. 87.
23 Pick. 360.
7 Met. 388.
4 Gray, 474.
7 Gray, 363.
14 Gray, 154.
1 Allen, l.'iO.
4 Allen, 474.
Private prop-
ertj' not to be
taken for public
uses without,
etc.
See amend-
ments. Art.
XXXIX.
6 Cush. 327.
14 Gray, 155.
16 Gray, 417,
431.
Remedies, by
recourse to the
law, to be free,
complete and
prompt.
or descendants, or relations by blood, the idea of a man
born a magistrate, lawgiver, or judge, is absurd and
unnatural.
VII. Government is instituted for the common good ;
for the protection, safety, prosperity, and happiness of the
people ; and not for the profit, honor, or private interest
of any one man, family, or class of men : Therefore the
people alone have an incontestable, unalienable, and inde-
feasible right to institute government ; and to reform,
alter, or totally change the same, when their protection,
safety, prosperity, and happiness require it.
VIII. In order to prevent those who are vested with
authority from becoming oppressors, the people have a
right, at such periods and in such manner as they shall
establish by their frame of government, to cause their
public officers to return to private life ; and to fill up
vacant places by certain and regular elections and appoint-
ments.
IX. All elections ought to be free ; and all the inhab-
itants of this commonwealth, having such qualifications as
they shall establish by their frame of government, have an
equal right to elect officers, and to be elected, for public
employments. 122 Mass. 595, 596.
X. Each individual of the societv has a rio-ht to be
protected by it in the enjoyment of his life, liberty, and
property, according to standing laws. He is obliged, con-
sequently, to contribute his share to the expense of this
protection ; to give his personal service, or an equivalent,
when necessary : but no part of the property of any indi-
vidual can, with justice, be taken from him, or applied to
public uses, without his own consent, or that of the repre-
sentative body of the people. In fine, the people of this
commonwealth are not controllable by any other laws
than those to which their constitutional representative
body have given their consent. And whenever the pub-
lic exigencies require that the property of any individual
should be appropriated to public uses, he shall receive a
reasonable compensation therefor.
1 Allen, 150. 103 Mass. 120, 624. 113 Mass. 45. 127 Mass. 50, 52,
11 Allen, 530. 106 Mass. 356, 362. 116 Mass. 463. 358, 363, 410, 413.
12 Allen, 223, 230. 108 Mass. 202, 213. 126 Mass. 428, 441. 129 Mass. 559.
100 Mass. 544, 560. Ill Mass. 130.
XL Every subject of the commonwealth ought to find
a certain remedj^ by having recourse to the laws, for all
injuries or wrongs which he may receive in his person,
property, or character. He ought to obtain right and
com:\ionavealth of Massachusetts. 7
justice fi-eely, and Avithoiit bcin<j: obliged to purchase it;
completely, and without utiy denial ; promptly, and with-
out delay ; contbnnabl}' to the laws.
XII. No subject shall be held to answer for any crimes Proeecntions
or offence, until the same is fully and plainly, substantialh' rffck^'ii.
and formally, described to him ; or be compelled to accuse. Is rick'. 434.
or furnish evidence against himself. And every subject l^ulth"^'
shall have a right to produce all proofs that may be favor- I^qj"^^}'^^^-
able to him ; to meet the Avitnesses against him face to face, & Gray', leo.
and to be fully heard in his defence by himself, or his looray, 11.'
counsel, at his election. And no subject shall be arrested, a^AiiTif/sw!*
imprisoned, despoiled, or deprived of his property, immu- Ij^^ml'm'
nities, or privileges, put out of the protection of the law, jj^j^ng^ no
exiled, or deprived of his life, liberty, or estate, but by the 97 Maee.'sTo,'
judgment of his peers, or the law of the land. looMaee. 287,
107 Maes. 172, 180, 118 Maee. 443, 451. 122 Maee, 332. 127 Mass. 550, 654. lOSMaes. 418.
108 Maee. 5, 6. 120 Maee. 118, 120. 124 MaBS. 464. 129 Maes. 559.
And the legislature shall not make any law that shall b'^uU^in"^*
subject any person to a capital or infamous punishment, cnminai caeee,
excepting for the government of the army and navy, with- roray, 3i», 373.
out trialV jury. io3MksB.4i8.
Xni. In criminal prosecutions, the verification of facts. Crimes to be
in the vicinity where they happen, is one of the great- ^dluy!" *^*
est securities of the life, liberty, and property of the loi^^Vs^ei, 62.
citizen.
XIV. Every subiect has a right to be secure from all Right of search
,11 1 . ^ n 1 • i" and seizure
unreasonable searches, and seizures, of his person, his regulated.
houses, his paj^ers, and all his possessions. All Avarrants, Amend°tiv. *'
therefore, are contrary to this right, if the cause or founda- soush^S'o.
tion of them be not previousl}'^ supported by oath or affir- la^G^ay^W
mation, and if the order in the warrant to a civil officer, to Jl-V/®°' t*!?;
' . ' 100 Mass. loo,
make search in suspected places, or to arrest one or more ^^^-
126 MaBB. 269
suspected persons, or to seize their property, be not accom- 273. * '
panied with a special designation of the persons or objects
of search, arrest, or seizure : and no warrant ought to be
issued but in cases, and with the formalities prescribed by
the laws.
XV. In all controversies concerning property, and in Right to trial
all suits between two or more persons, except in cases in eJclpt%k;"^**'
which it has heretofore been otherways used and practised, Amend"t vif.''
the parties have a right to a trial by jury ; and this method 2 ^|^^-*^^-
of procedure shall be held sacred, unless, in causes arising 5 Gray, 144.
on the high sea^s, and such as relate to mariners' wages, 11 AiiVn, 574,
the legislature shall hereafter find it necessary to alter it. io2'Ma68.45,47,
114 Mass. 388,390. 122 Mass. 505, 516. 125 Mass. 182, 188.
120 Mass. 320, 321. 123 Maes. 590, 593. 128 Maee. 600.
CONSTITUTION OF THE
Liberty of the
press.
Bight to keep
and bear arms.
Standing armies
dangerous.
Military power
Bubordinate to
civil.
5 Gray, 121.
Moral qualifica-
tions for office.
Moral obliga-
tions of law-
givers and
magistrates.
Right of people
to instruct rep-
resentatives
and petition
legislature.
Power to sus-
pend the laws
or their execu-
tion.
Freedom of de-
bate, etc., and
reason thereof.
Frequent see-
eions, and ob-
jects thereof.
Taxation
founded on
consent.
8 Allen, 247.
XVI. The liberty of the press is essential to the secu-
rity of freedom in a state : it ought not, therefore, to be
restrained in this commonwealth.
XVII. The people have a right to keep and to bear
arms for the common defence. And as, in time of peace,
armies are dangerous to liberty, they ought not to be
maintained without the consent of the legislature ; and
the military power shall always be held in an exact subor-
dination to the civil authority, and be governed by it.
XVIII. A frequent recurrence to the fundamental
principles of the constitution, and a constant adherence
to those of piety, justice, moderation, temperance, indus-
try, and frugality, are absolutely necessary to preserve the
advantages of liberty, and to maintain a free government.
The people ought, consequently, to have a particular atten-
tion to all those principles, in the choice of their officers
and representatives : and they have a right to require of
their lawgivers and magistrates an exact and constant
observance of them, in the formation and execution of the
laws necessary for the good administration of the conmion-
wealth.
XIX. The people have a right, in an orderly and peace-
able manner, to assemble to consult upon the common
good ; give instructions to their representatives, and to
request of the legislative body, by the waj^ of addresses,
petitions, or remonstrances, redress of the wrongs done
them, and of tlie gi'ievances they suffer.
XX. The power of suspending the laws, or the execu-
tion of the laws, ought never to be exercised but by the
legislature, or by authority derived from it, to be exer-
cised in such particular cases only as the legislature shall
expressly provide for.
XXI. The freedom of deliberation, speech, and debate,
in either house of the legislature, is so essential to the
rights of the people, that it cannot be the foundation of
any accusation or prosecution, action or complaint, in any
other court or place whatsoever.
XXII. The legislature ought frequently to assemble
for the redress of grievances, for correcting, strengthening,
and confirming the laws, and for making new laws, as the
common good may require.
XXIII. No subsidy, charge, tax, impost, or duties
ought to be established, fixed, laid, or levied, under any
pretext whatsoever, without the consent of the people or
their representatives in the legislature.
CO:NniONWEALTII OF MASSACHUSETTS. 9
XXIV. Laws made to punish for actions done before ex pout facto
the existence of such laws, and which have not been de- vi\\^ll,ii\ '
clured crimes by preceding laws, are unjust, oppressive, '^'^''^^*^>*^-
and inconsistent Avith the fundamental princij)les of a free
government.
XXV. No subject ought, in an}' case, or in any time, Legislature not
to be declared guilty of treason or felony by the legis- treason'^etc.
lature.
XXVI. No magistrate or court of laAv shall demand ^/flnesjaiid"''
excessive bail or sureties, impose excessive fines, or inflict '=''"^' punish.
' ^ ' mente, pro-
cruel or unusual punishments. 5 Gray, 482. hibued.
XXVII. In time of peace, no soldier ought to be quar- No soldier to be
tered in any house without the consent of the owner ; and houreyuDiess"^
in time of war, such quarters ought not to be made but ^^'
by the civil magistrate, in a manner ordained by the legis-
lature .
XXVm. No person can in any case be subject to law- citizens exempt
martial, or to any penalties or pains, by virtue of that law, tiai, unless, etc.
except those employed in the army or navy, and except
the militia in actual service, but by authority of the legis-
latm-e.
XXIX. It is essential to the preservation of the rights judges of su.
of every individual, his life, liberty, property, and charac- court! ^"'^'"^
ter, that there be an impartial interpretation of the laws, lQray,^Ik.
and administration of justice. It is the right of every ^;^|}^°'^|^-
citizen to be tried by judges as free, impartial, and inde- i^^^^/^-^i^*
pendent as the lot of humanity will admit. It is, therefore , f enure'of their
not only the best policy, but for the security of the rights °
of the people, and of every citizen, that the judges of the
supreme judicial coiu-t should hold their offices as long as
they behave themselves well ; and that they should have
honorable salaries ascertained and established by standing salaries.
laws.
XXX. In the government of this commonwealth, the separation of
legislative department shall never exercise the executive ciTi!amn'e^ji8*'
and judicial powers, or either of them : the executive shall menTg^^^"'^^'
never exercise the legislative and judicial powers, or either f ^"le^n sei'.
of them : the iudicial shall never exercise the leijislative ?'Hl®°'^LP-
. .1 /, 1 1 1 • 10*^ Mass. 2S2,
and executive powers, or either of them : to the end it 286.
may be a government of laws and not of men. 249. ' *
116 Maes. 317. 129 Mass. 559.
10
CONSTITUTION OF THE
Title of body
politic.
PART THE SECOND.
The Frame of Government.
The people , inhabiting the territory formerly called the
Province of Massachusetts Bay, do hereby solemnly and
mutually agree with each other, to form themselves into a
free, sovereign, and independent body politic, or state, by
the name of The Coimmon^v^ealth of Massachusetts.
CHAPTER I.
Legislative
department.
For change of
time, etc., see
amendments,
Art.X.
Governor's
veto.
99 Mass. 636.
Bill may be
passed by two-
thirds of each
house, uotwith-
standing.
THE LEGISLATIVE POWER.
Section I.
The General Court.
Aeticle I. The department of legislation shall be
formed by two branches, a Senate and House of Represent-
atives ; each of which shall have a negative on the other.
The legislative body shall assemble every year [on the
last Wednesday in May, and at such other times as they
shall judge necessary ; and shall dissolve and be dissolved
on the day next preceding the said last Wednesday in
May ;] and shall be styled, The General Court of
Massachusetts.
II. No bill or resolve of the senate or house of repre-
sentatives shall become a law, and have force as such, until
it shall have been laid before the governor for his revisal ;
and if he, upon such revision, approve thereof, he shall
signify his approbation by signing the same. But if he
have any objection to the passing of such bill or resolve, he
shall return the same, together with his objections thereto,
in writing, to the senate or house of representatives, iu
whichsoever the same shall have originated ; who shall
enter the objections sent down by the governor, at large,
on their records, and proceed to reconsider the said bill or
resolve. But if after such reconsideration, two-thirds of
the said senate or house of representatives, shall, notwith-
standing the said objections, agree to pass the same, it
shall, together with the objections, be sent to the other
branch of the legislature, where it shall also be reconsid-
ered, and if approved by two-thirds of the members pres-
ent, shall have the force of a law: but in all such cases,
COMMONWEALTH OF MASSACHUSETTS. 11
the votes of both houses shall be determined by yeas and
nays ; and the names of the persons voting for, or against,
the said bill or resolve, shall be entered upon the public
records of the commonwealth.
And in order to prevent unnecessary delays, if any bill in case of ad-
or resolve shall not be returned by the governor within the general'^
five days after it shall have been presented, the same shall th" five daj",
have the force of a law. 3 Mass. 567. Bee amend- '
meutB, Art. I.
HI. The genei'al court shall forever have full power General court
and authorit}^ to erect and constitute judicatories and judicatories"'*
courts of record, or other com'ts, to be held in the name ord"e'tc°.^ '^*'^'
of the connuon wealth, for the hearing, trvin"-, and deter- fo'^i^i- ^; ,.
. . , ^ . O ' -' o ' 12 Gray, U7,
miiimg ot all manner of crmies, onences, pleas, processes, la-i.
plaints, actions, matters, causes, and things, whatsoever,
arising or happening wdthin the common Avealth, or between
or concerning persons inhabiting, or residing, or brought
wnthin the same : whether the same be criminal or civil,
or whether the said crimes be capital or not capital, and
whether the said pleas be real, personal, or mixed ; and
for the awarding and making out of execution thereupon.
To which com'ts and iudicatories are hereby given and Courts, etc.,
-,,, "{ ,, _ .'''. naav administer
granted tull power and authority, irom tmie to time, to oaths,
administer oaths or aiBrmations, for the better discovery
of truth in any matter in controversy or depending before
them .
TV. And further, full power and authority are hereby General court
given and granted to the said general court, from time to etc? *"'"' ^^^'
time to make, ordain, and establish, all manner of whole- 4Anen',473.
some and reasonable orders, laws, statutes, and ordinances, i^.-^iien, 223,
directions and instructions, either with penalties or with- 1^ Mass. 544.
out ; so as the same be not repugnant or contrary to this ii^ Mass. 467,
con.stitution, as they shall judge to be for the good and may enact •
welfare of this commonwealth, and for the government J.*p*^n*^'J;j to*
and orderinof thereof, and of the subjects of the same, and the constitution.
■ C; ' 11. •! ^ Allen, 3o8.
tor the necessary support and detence ot the government
tliereof ; and to name and settle annually, or provide by may provide
fixed laws for the naming and settling, all civil otficers orVppofn^tme^n"
within the said commonwealth, the election and consti- n5*Ma8"602.
tution of whom are not hereafter in this form of govern-
ment otherwise provided for ; and to set forth the several th^rffie^s"""'
duties, powers, and limits, of the several civil and military
officers of this commonwealth, and the forms of such
oaths or affirmations as shall be respectively administered
unto them for the execution of their several offices and
places, so as the same be not repugnant or contrary to
12
CONSTITUTION OF THE
General court
may impose
taxes, etc. See
Amenrlments,
Art. XLI and
Art. XLIV.
12 Mass. 252.
5 Allen, 428.
6 Allen, 558.
8 Allen, 247, 253.
10 Allen, 235.
11 Allen, 268.
12 Allen, 77, 223,
235,238,240,
298, 300, 312,
313,500,612.
98 Mass. 19.
100 Mass. 285.
101 Mass. 575,
585.
103 Mass. 267.
114 Mass. 388,
391
lie'Mass. 461.
118 Mass. 386,
389.
123 Mass. 493,
495.
127'Mass. 413.
may impose
taxes, etc., to be
disposed of for
defence, protec-
tion, etc.
8 Allen, 247, 256.
Valuation of
estates once in
ten years, at
least, while, etc.
8 Allen, 247.
126 Mass. 547.
this constitution ; and to impose and levy proportional
and reasonable assessments, rates, and taxes, upon all the
inhabitants of, and persons resident, and estates l3^ing,
within the said commonwealth ; and also to impose and
levy reasonable duties and excises upon any produce,
goods, wares, merchandise, and commodities, whatsoever,
brought into, produced, manufactured, or being within
the same ; to be issued and disposed of by warrant, under
the hand of the governor of this commonwealth for the
time being, with the advice and consent of the council,
for the public service, in the necessary defence and sup-
port of the government of the said commonwealth, and
the protection and preservation of the subjects thereof,
according to such acts as are or shall be in force within
the same.
And while the public charges of government, or any
part thereof, shall be assessed on polls and estates, in the
manner that has hitherto been practised, in order that
such assessments may be made with equality, there shall
be a valuation of estates within the commonwealth, taken
anew once in every ten years at least, and as much oftener
as the general court shall order.
For the authority of the general court to charter cities, see amendments, Art. 11.
For the state \\ide referendum on bills and resolves of the general court, see
amendments. Art. XLII.
CHAPTER I.
Senate, number
of, and by
whom elected.
Superseded by
amendments,
Art. XIII.,
which was also
superseded by
amendments,
Art. XXII.
For provision as
to councillors,
see amend-
ments, Art.
XVI.
Section II.
Senate.
Article I. [There shall be annually elected, by the
freeholders and other inhabitants of this commonwealth,
qualified as in this constitution is provided, forty persons
to be councillors and senators for the year ensuing their
election ; to be chosen by the inhabitants of the districts
into which the commonwealth ma}^, from time to time, be
divided by the general court for that purpose : and the
general court, in assigning the numbers to be elected by
the respective districts , shall govern themselves by the pro-
portion of the public taxes paid by the said districts ; and
timely make known to the inhabitants of the common-
wealth the limits of each district, and the number of coun-
cillors and senators to be chosen therein ; provided, that
the number of such districts shall never be less than thir-
COMMONAVEALTII OF MASSACHUSETTS. 13
teen ; and that no district be so large as to entitle the
same to choose more than six senators.
And the sovenil counties in this conmionwealth shall, ^1° trict? uutii
until the general court shall determine it necessary to etc.
alter the said districts, be districts tor the choice of coun-
cillors and senators, (except that the counties of Dukes
County and Nantucket shall form one district for that pur-
pose) and shall elect the following number for councillors
and senators, viz. : — Sutiblk, six ; Essex, six ; Middlesex,
five ; Hampshire, four ; Plymouth, tlu*ee ; Barnstable, one ;
Bristol, three ; York, two ; Dukes Count}' and Nantucket,
one ; Worcester, five ; Cumberland, one ; Lincoln, one ;
Berkshire, two.]
n. The senate shall be the first branch of the legislat- Manner and
. c time of choosing
ure ; and the senators shall be chosen in the following man- senators and
ner, viz. : there shall be a meeting on the [fii'st Monday in amendments,
April,] annually, forever, of the inhabitants of each town xv!" a's''"
in the several counties of this commouAvealth ; to be called amendmemt,
by the selectmen, and warned in due course of law, at ^^'^;.M^jjjg ^^ j^
least seven davs before the [first Monday in April,! for qualification'* o^
-, . L - 1 voters, Buper-
the purpose oi electing persons to be senators and coun- eeded by amend-
cillors ; [and at such meetin«:s every male inhabitant of m., xx.,
"VVVTIT
twenty-one years of age and upwards, having a freehold xxx.,x'xxi.
estate within the commonwealth, of the annual income of word"ui"abi.
three pounds, or any estate of the value of sixty pounds, I^J^gais'l^fm'elid
shall have a right to give in his vote for the senators for ments, Art.
^ O O XXIll which
the district of which he is an inhabitant. ] And to remove wks annulled by
all doubts concerning the meaning of the word " inhabi- 12 Gray, 21."
tant" in this constitution, every person shall be considered 1^^^*8.095,
as an inhabitant, for the purpose of electing and being
elected into any office, or place within this state, in that
town, district, or plantation where he dwelleth, or hath
his home.
The selectmen of the several towns shall preside at selectmen to
I . . . „ Tin '1 j> preside at town
such meetings impartially ; and shall receive the votes 01 meetings.
all the inhabitants of such towns present and qualified
to vote for senators, and shall sort and count them in
open tOAvn meeting, and in presence of the town clerk. Return of votes.
who shall make a fair record, in presence of the selects
men, and in open town meeting, of the name of ever^"^
person voted for, and of the number of votes against his
name : and a fair copy of this record shall be attested by ^s to cities, see
the selectmen and the town clerk, and shall be sealed up, Art. u.
dii'ected to the secretary of the commonwealth for the
time being, with a superscription, expressing the purport
14
CONSTITUTION OF THE
Time changed
to first Wednes-
day of January.
Bee amend-
ments, Art. X.
Inhabitants of
unincorporated
plantations,
who pay state
taxes, may vote.
Plantation
meetings.
Time of elec-
tion changed by
amendments,
Art. XV.
Assessors to
notify, etc.
Governor and
council to ex-
amine and count
votes, and issue
BummonBes.
Time changed
to first Wednes-
day in January
byamendments,
Art. X.
Majority
changed to
plurality by
amendments,
Art. XIV.
Senate to be
final judge of
elections, etc.,
of the contents thereof, and delivered by the town clerk
of such towns, to the sheriff of the county in which such
town lies, thirty days at least before [the last Wednes-
day in May] annually ; or it shall be delivered into the
secretary's oiEce seventeen days at least before the said
[last Wednesday in May :] and the sheriff of each county
shall deliver all such certificates by him received, into
the secretary's office, seventeen days before the said [last
Wednesday in May.]
And the inhabitants of plantations unincorporated,
qualified as this constitution provides, who are or shall
be empowered and required to- assess taxes upon them-
selves toward the support of government, shall have
the same privilege of voting for councillors and senators
in the plantations where they reside, as town inhabitants
have in their respective towns ; and the plantation meet-
ings for that purpose shall be held annually [on the same
first Monday in April] , at such place in the plantations,
respectively, as the assessors thereof shall direct ; which
assessors shall have like authority for notifying the elec-
tors, collecting and returning the votes, as the selectmen
and town clerks have in their several towns, by this con-
stitution. And all other persons living in places unincor-
porated (qualified as aforesaid) who shall be assessed to
the support of government by the assessors of an adjacent
town, shall have the privilege of giving in their votes for
councillors and senators in the town where they shall be
assessed, and be notified of the place of meeting by the
selectmen of the town where they shall be assessed, for
that purpose, accordingly.
ni. And that there may be a due convention of sena-
tors on the [last Wednesday in May] annually, the gov-
ernor with five of the council, for the time being, shall,
as soon as may be, examine the returned copies of such
records ; and fourteen days before the said day he shall
issue his summons to such persons as shall appear to be
chosen by [a majority of] voters, to attend on that day,
and take their seats accordingly : provided, nevertheless,
that for the first year the said returned copies shall be
examined by the president and five of the council of the
former constitution of government ; and the said president
shall, in like manner, issue his summons to the persons
so elected, that they may take their seats as aforesaid.
IV. The senate shall be the final judge of the elec-
tions, returns and qualifications of their own members, as
COMMONWEALTH OF MASSACHUSETTS. 15
pointed out in the constitution; and shall, [on the said ^J;^' ""^^ "•""•
last Wednesday in Mavl annually, determine and declare J'">« fij?nped
• J • to nret \\ eanes-
Avho are elected by each district to be senators rby a day of January
,» " t • ji iiii J. by amend-
majority ot votes; and m case there shall not appear to mentH, Art. x.
be the full number of senators returned elected by a chan^eJto
majority of votes for any district, the deficiency shall be imendJ^ents,
supi)lied in the follo\vinir manner, viz. : The members of Art.xiv.
the house of representatives, and such senators as shall
be declared elected, shall take the names of such persons
as shall be found to have the highest number of votes
in such district, and not elected, amounting to twice the
number of senators -wanting, if there be so many voted
for ; and out of these shall elect by ballot a number of Jj^^^"*'^*'''' ^°"^
senators sufficient to fill up the vacancies in such district ; changed to
and in this manner all such vacancies shall be filled up in people.
every district of the commonwealth ; and in like manner mept^Art.
all vacancies in the senate, arising b}^ death, removal out ^^^^^^v-
of the state, or otherwise, shall be supplied as soon as may
be, after such vacancies shall happen.]
V. Provided, nevertheless, that no person shall be Qualifications
capable of being elected as a senator, [who is not seised Property quaii-
in his own right of a freehold, within this commonwealth, uhed!°^^°''
of the value of three hundred pounds at least, or possessed ^Tn^g'^ ^rt.
of personal estate to the value of six hundred pounds at f^r further pro-
least, or of both to the amount of the same sum. and] M'ho viBionasto
, , . 1 , . ,' 1 • lii 1" J.^ residence, see
has not been an inhabitant oi this commonwealth tor the aUo amend-
space of five years immediately preceding his election , and , xxii.' '
at the time of his election, he shall be an inhabitant in the
district for which he shall be chosen.
VI. The senate shall have power to adjourn themselves, senate not to
provided such adjournments do not exceed two days at a thi^Ywo™ayV
time.
VII. The senate shall choose it^ own president, ap- 5^/02"^^°°^^
point its own officers, and determine its own rules of establish its
^ rules.
proceedings.
VIII. The senate shall be a court with full authority , ehaiitryau
. . Ill' impeachments.
to hear and determine all impeachments made by the
house of representatives, against any officer or officers
of the commonwealth, for misconduct and mal-administi-a-
tion in their offices. But previous to the trial of every
impeachment the members of the senate shall respectively
be sworn, truly and impartiall}^ to tr}^ and determine the Oath.
charge in question, according to evidence. Their judg- Limitation of
ment, however, shall not extend further than to removal
from office and disqualification to hold or enjoy any place
16
CONSTITUTION OF THE
Quorum. See
amendments,
Arts. XXII.
and XXXin.
of honor, trust, or profit, under this commonwealth ; but
the party so convicted shall be, nevertheless, liable to
indictment, ti'ial, judgment, and punishment, according to
the laws of the land.
IX. [Not less than sixteen members of the senate
shall constitute a quorum for doing business.]
Representation
of the people.
Representa-
tives, by whom
chosen.
Superseded by
amendments,
Arts. XII. and
XIII., which
were also
superseded by
amendments,
Art. XXI.
7 Mass. 523.
Proviso as to
towns having
less than 150
ratable polls.
Towns liable to
fine in case, etc.
Expenses of
travelling to
and from the
general court,
how paid.
Annulled by
Art. XXXV.
Qualifications
of a repre-
sentative.
CHAPTER I.
Section IH.
House of Representatives.
Article I. There shall be, in the legislature of this
commonwealth, a representation of the people, annually
elected, and founded upon the principle of equality.
II. [And in order to provide for a representation of
the citizens of this commonwealth, founded upon the prin-
ciple of equality, every corporate town containing one
hundred and fifty ratable polls may elect one represent-
ative ; every corporate town containing three hundred
and seventy-five ratable polls may elect two representa-
tives ; every corporate town, containing six hundred ratable
polls may elect three representatives ; and proceeding in
that manner, making two hundred and twenty-five ratable
polls the mean increasing number for every additional
representative.
Provided, nevertheless, that each town now incorporated,
not having one hundred and fifty ratable polls, may elect
one representative ; but no place shall hereafter be incor-
porated with the privilege of electing a representative,
unless there are within the same one hundred and fifty
ratable polls.]
And the house of representatives shall have power from
time to time to impose fines upon such towns as shall
neglect to choose and return members to the same, agree-
ably to this constitution.
[The expenses of travelling to the general assembly, and^
returning home, once in eveiy session, and no more, shall
be paid by the government, out of the public treasury, to
every member who shall attend as seasonably as he can, in
the judgment of the house, and does not depart without
leave.]
IH. Every member of the house of representatives
shall be chosen by ivritten votes ; [and, for one year at
com:monavealtii of :massachusetts. i7
least next precedins: his election, shall have been an inhab- New provision
^ , , V • 1 • 1 • • 1 J. X' !• "8 to residence.
itunt ot, and Inivc been seised in his own ritrlit oi a iree- seeamend-
hold of the value of one hundred i)Ounds within the toAvn xxl'*^"^*'
he shall be chosen to represent, or any ratable estate to rtcationJXri"'
the value of two hundred pounds : and he shall cease to l^^fi^y "J^^""*-
■^ ^ 111611 i8f ^i.rv*
represent the said town inmiediately on his ceasing to be xiii.
qualified as aforesaid.]
IV. [Every male person, being twenty-one 3'ears of ^"f^.^^g"°°^
asre, and resident in any particular town in this common- These pro-
~ , , ,, •, />" 1 T 1 • viwions super-
wealth for the space ot one year next preceding, having a sededby
freehold estate within the said town of the annual income A?tTl?Cxx.,
of tliree pounds, or any estate of the value of sixty pounds, ^x"xxxi,
shall have a riafht to vote in the choice of a representative andxxxii.
o ^ ^ *■ tee alec amend-
or representatives for the said town. 1 p?!?.*/'^"^*,- .
__ ■'^ t-rrvt -1 /• 1 1 <• j_ i' 1 11 XXIII., which
V. [The members of the house ot representatives shall wag annulled by
be chosen annuall}^ in the month of Ma}^ ten days at least R^r'^g^nta!
before the last Wednesday of that month.] choeeiT^^"
Time of election changed by amendmente, Art. X., and changed again by amendments,
Art. XV.
VI. The house of representatives shall be the i^-and nouBeaione
I >^ can impeacb.
inquest of this commonwealth ; and all mipeachments
made by them shall be heard and tried by the senate.
VII. All money bills shall originate in the house of House to ongi.
J c? nate all money
representatives ; but the senate may propose or concur biiis.
with amendments, as on other bills.
VIII. The house of representatives shall have power Not to adjourn
to adjourn themselves ; provided such adjournment shall ^fg^/^^*"^"
not exceed tAvo days at a time.
IX. [Xot less than sixt}'" members of the house of ^"e^^'enfg*®
representatives shall constitute a quorum for doing busi- Ans^xxi. and
ness.]
X. The house of representatives shall be the judge of ^"y^J'^^/^g^/ ^f
the returns, elections, and qualifications of its own mem- itsown'mem-
bers, as pointed out in the constitution ; shall choose their its oflkersand
own speaker ; appoint their own officers, and settle the rules, 'etc! ^
rules and orders of proceeding in their own house. They May punish
shall have authority to punish by imprisonment every offences""
person, not a member, who shall be guilty of disrespect ^'^ *^"y' ^^®'
to the house, by any disorderly or contemptuous behavior
in it« presence; or who, in the town where the general
court is sitting, and during the time of its sitting, shall
threaten harm to the body or estate of any of its members,
for any thing said or done in the house ; or who shall
assault any of them therefor ; or who shall assault, or
arrest, any Avitness, or other person, ordered to attend the
18
CONSTITUTION OF THE
Privileges of
members.
Senate.
Governor and
council may
punish.
General limita-
tion.
14 Gray, 226.
Trial may be by
committee, or
otherwise.
house, in his way in going or returning ; or who shall
rescue any person arrested by the order of the house.
And no member of the house of representatives shall
be arrested, or held to bail on mesne process, during his
going unto, returning from, or his attending the general
assembly.
XL The senate shall have the same powers in the like
cases ; and the governor and council shall have the same
authority to punish in like cases : provided, that no impris-
onment on the warrant or order of the governor, council,
senate, or house of representatives, for either of the above
described ofl'ences, be for a term exceeding thirty days.
And the senate and house of representatives may try
and determine all cases where their rights and privileges
are concerned, and which, by the constitution, they have
authority to try and determine, by committees of their own
members, or in such other way as they may respectively
think best.
CHAPTER II.
Oovemor.
His title.
To be chosen
annually.
Qualifications.
See amend-
ments, Arts.
VII. and
XXXIV.
"By whom
chosen, if he
have a majority
of votes.
Time of elec-
tion changed by
amendments,
Art. X., and
changed again
by amend-
ments, Art. XV.
EXECUTIVE POWER.
Section I.
Govet'nor.
Article I. There shall be a supreme executive mag-
istrate, who shall be styled — The Governor of the
CoMMONAVEALTH OF MASSACHUSETTS ; and wliosc title
shall be — His Excellency.
II. The governor shall be chosen annually ; and no
person shall be eligible to this office, unless, at the time of
his election, he shall have been an inhabitant of this com-
monwealth for seven years next preceding ; [and unless he
shall at the same time be seised, in his own right, of a
freehold, within the commonwealth, of the value of one
thousand pounds ;] [and unless he shall declare himself to
be of the Christian religion.]
III. Those persons who shall be qualified to vote for
senators and representatives within the several towns of
this commonwealth shall, at a meeting to be called for
that purpose, on the [first Monday of April] annually,
give in their votes for a governor, to the selectmen, who
shall preside at such meetings ; and the town clerk, in the
presence and ^vith the assistance of the selectmen, shall,
in open town meeting, sort and count the votes, and form
CO:\IMONWEALTH OF MASSACHUSETTS. 19
a list ot" the porsons voted for, with tlie luiniber of votes
for etieh ])er.s()n aiitiin.st his luiiiie ; and .sliall nuikc a fair
record of the same in the town books, and a })ublic deela- Ae to cities, see
ration thereof in the said nieetin<2f ; and shall, in the pres- An. ii.
eneo of the inhabitants, seal up copies of the said list,
attested by him and the selectmen, and transmit the same
to the sherilf of the county, thirty days at least before the
[last AVednesda}' in ^lay] ; and the sherilf shall transmit Z'Zf\\^efnes.
the same to the secretary's office, seventeen days at least day of January
before the said [last Wctinesday in May'] ; or the select- meuts, Art. x.
men may cause retiu"ns of the same to be made to the
office of the secretary of the commonwealth, seventeen
days at least before the said day ; and the secretary shall
lay the same before the senate and the house of repre-
sentatives on the [last Wednesday in May] , to be by them Changed to
examined ; and in case of an election by a [majority] of all amendmeuts,
the votes retm-ned, the choice shall be by them declared ^^"-^i^-
and published ; but if no person shall have a [majority] of ■whrn''no*pe"r8on
votes, the house of representatives shall, by ballot, elect '^''^ * p^'^''^^'^-
two out of four persons who had the highest numlier of
votes, if so many shall have been voted for ; but, if other-
wise, out of the number voted for ; and make retm-n to
the senate of the two persons so elected ; on which the
senate shall proceed, by ballot, to elect one, who shall be
declared governor.
IV. The irovernor shall have authoritv, from time to Power of gov.
1 ■ 1 • • , 11 1 *^ n i ii J.1 ernor, and or
tmie, at his discretion, to assemble and call togetiier the sovernorand
councillors of this commonwealth for the time being ; and '^°"°'^' "
the governor with the said councillors, or five of them at
least, shall, and may, from time to time, hold and keep a
council, for the ordering and directing the allairs of the
commonwealth, agreeably to the constitution and the laws
of the land.
V. The governor, with advice of council, shall have May adjourn or
full power and authority, during the session of the gen- generfrcourt
eral court, to adjourn or prorogue the same to any time and convene '
the two houses shall desire ; [and to dissolve the same on ^s to'^dil'soiu-
the day next preceding the last Wednesday in May ; and, ^^JI^'J^'ts^Art^x^"
in the recess of the said court, to prorogue the same from
time to time, not exceeding ninety da^'s in any one recess ;]
and to call it together sooner than the time to which it
may be adjourned or prorogued, if the welfare of the com-
monwealth shall require the same ; and in case of any
infectious distemper prevailing in the place where the said
court is next at any time to convene, or any other cause
20
CONSTITUTION OF THE
Ab to disBolu-
tion.Bee amend-
ments, Art. X.
Governor and
council may
adjourn the gen-
eral court in
cases, etc., but
not exceeding
ninety days.
Governor to be
commander-in-
chief.
Limitation.
happening, whereby danger may arise to the health or
lives of the members from their attendance, he may direct
the session to be held at some other, the most convenient
place within the state.
[And the governor shall dissolve the said general court
on the day next preceding the last Wednesday in May.]
VI. In cases of disagreement between the two houses,
with regard to the necessit}^ expediency, or time of ad-
journment or prorogation, the governor, with advice of
the council, shall have a right ^to adjourn or prorogue
the general court, not exceeding ninety days, as he shall
determine the public good shall require.
Vn. The governor of this commonwealth, for the time
being, shall be the commander-in-chief of the army and
navy, and of all the military forces of the state, by sea
and land ; and shall have full power, by himself, or by
any commander, or other officer or officers, from time to
time, to train, instruct, exercise, and govern the militia
and navy ; and, for the special defence and safety of the
commonwealth, to assemble in martial ari-ay, and put in
warlike posture, the inhabitants thereof, and to lead and
conduct them, and with them to encounter, repel, resist,
expel, and pursue, by force of arms, as well by sea as by
land, within or without the limits of this commonwealth,
and also to kill, slay, and destroy, if necessary, and con-
quer, by all fitting ways, enterprises, and means whatso-
ever, all and every such person and persons as shall, at
any time hereafter, in a hostile manner, attempt or enter-
prise the destruction, invasion, detriment, or annoyance
of this commonwealth ; and to use and exercise, over the
army and navy, and over the militia in actual service, the
law-martial, in time of war or invasion, and also in time
of rebellion, declared by the legislature to exist, as occa-
sion shall necessarily require ; and to take and surprise,
by all ways and means whatsoever, all and every such
person or persons, with their ships, arms, ammunition,
and other goods, as shall, in a hostile manner, invade, or
attempt the invading, conquering, or annoying this com-
monwealth ; and that the governor be intrusted with all
these and other powers, incident to the offices of cap-
tain-general and commander-in-chief, and admiral, to be
exercised agreeably to the rules and regulations of the con-
stitution, and the laws of the land, and not otherwise.
Provided, that the said governor shall not, at an}^ time
hereafter, by virtue of any power by this constitution
CO:\BIONWEALTII OF MASSACHUSETTS. 21
<n"^ntGd, or hereafter to be £:i*sinted to him by the legis-
lature, tninsport any of the inhabitants of this eomnion-
Avealth, or oblige them to mareli out of the limits of the
same, "without theu* free and voluntary consent, or the con-
sent of the general court ; except so far as may be neces-
sary to march or transport them by land or water, for the
defence of such part of the state to which they cannot
otherwise conveniently have access.
YIII. The power of pardoning oifences, except such Governor and
as persons may be convicted of before the senate by an pardon offences,
impeachment of the house, shall be in the governor, by ^^*=*^p*' ^"=-
and with the advice of council ; but no charter of par-
don, granted by the governor, with advice of the council
before conviction, shall avail the partv ijleadino- the same. But not before
., ,. t A • ^ • conviction.
notwithstanding any general or particular expressions 109 Maes. 323.
contained therein, descriptive of the ofience or offences
intended to be pardoned.
IX. All judicial officers, [the attorney-general,] the Judicial om.
solicitor-general, [all sheriffs,] coroners, [and registers of nominated a^n'd
probate,] shall be nominated and appointed by the gov- Forprovisions
ernor, by and with the advice and consent of the council ; ^f a°torney-'*
and everv such nomination shall be made by the ofovernor, general, Bee
. , "^ ? amendments,
and made at least seven days prior to such appointment. Art. xvii.
For provision as to election of sheriffs, registers of probate, etc., see amendments.
Art. XIX. For provision as to appointment of notaries public, see amendments,
Art. IV.
X. The captains and subalterns of the militia shall be Miutia officers,
elected by the written votes of the train-band and alarm Limitation of
list of their respective companies, [of twentj^-one years b|Vme"nd'- °"*
of age and upwards ;] the field officers of regiments shall ™ents, Art.v.
be elected by the written votes of the captains and subal-
terns of their respective regiments ; the brigadiers shall be
elected, in like manner, b}' the field officers of their respec-
tive brigades ; and such officers, so elected, shall be com- nowcommis-
missioned by the governor, who shall determine their rank.
The legislature shall, by standing laws, direct the time Election of
and manner of convening the electors, and of collect- °
ing votes, and of certifying to the governor, the officers
elected.
The major-generals shall be appointed by the senate and how^I'^^oimed'
house of representatives, each having a negative upon the andcommis-
other ; and be commissioned by the governor.
For provisions as to appointment of a commissary-general, see amendments. Art. IV.
And if the electors of brifnidiers, field officers, captains vacancies, how
1 1 11 1 ,' J 111 filled, incase,
or subalterns, shall neglect or refuse to make such elec- etc.
22
CONSTITUTION OF THE
Officers dnly
commiesioned,
how removed.
Superseded by
amendmentB,
Art. IV.
Adjutants, etc.,
how appointed.
Army officers,
how appointed.
Organization of
militia.
Money, how
drawn from the
treasury,
except, etc.
13 AUen, 593.
All public
boards, etc., to
make quarterly
returns.
tions, after being duly notified, according to the laws for
the time being, then the governor, witli advice of council,
shall appoint suitable persons to fill such offices.
[And no officer, duly commissioned to command in the
militia, shall be removed from his office, but by the address
of both houses to the governor, or by fair trial in court-
martial, pursuant to the laws of the commonwealth for the
time being.]
The commanding officers of regiments shall appoint
their adjutants and quartermasters ; the brigadiers their
brigade-majors ; and the major-generals their aids ; and
the governor shall appoint the adjutant^general.
The governor, with advice of council, shall appoint all
officers of the continental army, whom by the confedera-
tion of the United States it is provided that this common-
wealth shall appoint, as also all officers of forts and
garrisons.
The divisions of the militia into brigades, regiments, and
companies, made in pursuance of the militia laws now in
force, shall be considered as the proper divisions of the
militia of this commonwealth, until the same shall be
altered in pursuance of some future law.
XI. No moneys shall be issued out of the treasury of
this commonwealth, and disposed of (except such smns as
may be appropriated for the redemption of bills of credit
or treasurer's notes, or for the payment of interest arising
thereon) but by waiTant under the hand of the governor
for the time being, with the advice and consent of the
council, for the necessary defence and support of the com-
mouAvealth ; and for the protection and preservation of
the inhabitants thereof, agreeably to the acts and resolves
of the general court.
XII. All public boards, the commissary-general, all
superintending officers of public magazines and stores,
belonging to this commonwealth, and all commanding
officers of forts and garrisons within the same, shall once
in every three months, officially, and without requisition,
and at other times, when required by the governor, deliver
to him an account of all goods, stores, provisions, ammu-
nition, cannon with their appendages, and small arms
Avith their accoutrements, and of all other public property
whatever under their care respectively ; distinguishing the
quantity, number, quality and kind of each, as particu-
larly as may be ; together with the condition of such forts
and garrisons ; and the said commanding officer shall
COMMOXWKALTir OF ^MASSACHUSETTS. 23
exhibit to the governor, when required by him, true and
exact plans of sueli forts, and of tlie hind and sea or har-
bor or harbors, adjacent.
And the said boards, and all pul)lic officers, shall com-
municate to the governor, as soon as may be after receiv-
ing the same, all letters, despatches, and intelligences of a
public nature, Avhich shall be directed to them respectively.
XIII. As the public good requires that the governor salary of
should not be under the undue influence of any of the «°'"^^^°^'
members of the general court by a dependence on them
for his support, that he should in all cases act with free-
dom for the benefit of the public, that he should not have
his attention necessarily diverted from that object to his
private concerns, and that he should maintain the dignity
of the commonwealth in the character of its chief magis-
trate, it is necessary that he should have an honorable
stated salary, of a fixed and permanent value, amply suffi-
cient for those purposes, and established by standing law^s :
and it shall be among the fii"st acts of the general court,
after the commencement of this constitution, to establish
such salary by laAv accordingly.
Permanent and honorable salaries shall also be estab- Salaries of jus.
lislied by law for the justices of the supreme judicial court. judfcLuom"^^
And if it shall be found that any of the salaries afore- Salaries to be
said, so established, are insufficient, they shall, fi'oin time insufficient,
to time, be enlarged, as the general court shall judge
proper.
CHAPTER II.
Section IL
Lieutenant- Governor.
Article I. There shall be annually elected a lieu- Lieutenant-
tenant-governor of the commonwealth of ^Massachusetts, fitufand'^ciuaH-
whose title shall be — His Honor; and who shall be fmendment'sr
qualified, in point of [religion,] [property,] and residence xxxiv"'""'^
in the commonwealth, in the same manner with the gov-
ernor : and the day and manner of his election, and the
qualifications of the electors, shall be the same as are rc-
quh'ed in the election of a governor. The return of the how chosen,
votes for this officer, and the declaration of his election,
shall be in the same manner ; [and if no one person shall p/urauty p^o-
be found to have a maioritv of all the votes returned, the -ndedforby
, "^ " amendments,
vacancy shall be hlled by the senate and house of repre- Art. xiv.
24
CONSTITUTION OF THE
President of
council.
Lieutenant-
governor a
member of,
except, etc.
Lieutenant-
governor to be
acting governor,
in case, etc.
sentatives, in the same manner as the governor is to be
elected, in case no one person shall have a majority of the
votes of the people to be governor.]
n. The governor, and in his absence the lieutenant-
governor, shall be president of the council, but shall have
no vote in council ; and the lieutenant-governor shall
always be a member of the council, except when the chair
of the ofovernor shall be vacant.
III. Whenever the chair of the governor shall be
vacant, by reason of his death, or absence from the com-
monwealth, or otherwise, the lieutenant-governor, for the
time being, shall, during such vacancy, perform all the
duties incumbent upon the governor, and shall have and
exercise all the powers and authorities, which by this con-
stitution the governor is vested with, when personally
present.
Council.
Number of
councillors
changed to
eight.
See amend-
ments, Art.
XVI.
Number; from
whom, and how
chosen.
Modified by
amendments,
Arts. X. and
XIII.
Superseded by
amendments,
Art. XVI.
If ecnatore be-
come council-
lors, their seats
to be vacated.
CHAPTER II.
Section HI.
Council, and the Mann€7' of settling Elections by the Legis-
lature.
Aeticle I. There shall be a council for advising the
governor in the executive part of the government, to con-
sist of [nine] persons besides the lieutenant-governor,
Avhom the governor, for the time being, shall have full
power and authority, from time to time, at his discretion,
to assemble and call together ; and the governor, with the
said councillors, or five of them at least, shall and may,
from time to time, hold and keep a council, for the order-
ing and directing the aftairs of the commonwealth, accord-
ing to the laws of the land.
II. [Nine councillors shall be annually chosen from
among the persons returned for councillors and senators,
on the last Wednesday in May, by the joint ballot of
the senators and representatives assembled in one room ;
and in case there shall not be found upon the first choice,
the whole number of nine persons who will accept a seat
in the council, the deficiency shall be made up by the
electors aforesaid from among the people at large ; and
the number of senators left shall constitute the senate
for the year. The seats of the persons thus elected from
the senate, and accepting the trust, shall be vacated in the
senate.]
COMMONWEALTH OF MASSACHUSETTS. 25
IH. The councillors, in the civil aiTanofoniciits of the Rank of
1.1 1111 1 , i> 1 1 • i J. councillors.
commonwealth, shall have rank next alter tiie lieutenant-
cjovernor.
IV. rXot more than two councillors shall be chosen No district to
. ,' T J. • i. i" ii • lii -1 have more than
out 01 any one district or tins commonwealth. J two.
Superseded hy amendments, Art. XVI.
V. The resolutions and advice of the council shall be Kegisterof
recorded in a register, and si<>-ned by the members present ; *^°"°" "
and this record may be called for at any time by either
house of the legislature ; and any member of the council
may insert his opinion, contrary to the resolution of the
majority.
VI. Whenever the oflSce of the governor and lieuten- council to exer.
, 1111 i.1 J? J J.^ X, else the power
ant-governor shall be vacant, by reason ot death, absence, of governor m
or otherwise, then the council, or the major part of them, «>*««>«*<=•
shall, during such vacancy, have full power and authority
to do, and execute, all and every such acts, matters, and
things, as the governor or the lieutenant-governor might
or could, by virtue of this constitution, do or execute, if
they, or either of them, were personally present.
VII. [And whereas the elections appointed to be made. Elections may
by this constitution, on the last Wednesda}^ in May annu- untVetc!°*
ally, by the tAvo houses of the legislature, may not be
completed on that da}^, the said elections may be adjourned
from day to day until the same shall be completed. And gu^ers^edeTb'-
the order of elections shall be as follows : the vacancies in amendments,
the senate, if any, shall first be filled up ; the governor xxv.*
and lieutenant-governor shall then be elected, provided
there should be no choice of them b}^ the people ; and
afterwards the two houses shall proceed to the election of
the council.]
CHAPTER II.
Section IV.
Secretary, Treasurer, Commissary , etc.
Article I. [The secretary, treasurer and receiver- secretary, etc.,
general, and the commissarj'-general, notaries public, and] howciXeT
naval officers, shall be chosen annually, by joint ballot of Jo^Iiection'of °*
the senators and representatives in one room. And, tliat urer^an^re!^^**'
the citizens of this commonwealth mav be assured, from ceiver-seuerai,
. . ,1 .'..,,. and aiulitorand
time to time, that the moneys remaining in the public attomey-aen-
treasury, upon the settlement and liquidation of the pub- mente.. Art.
26
CONSTITUTION OF THE
Treasurer in-
eligible for
more than five
successive
years.
Secretary to
keep records;
to attend the
governor and
council, etc.
lie accounts, are their property, no man shall be eligible
as treasurer and receiver-general more than five j^ears
successively.
For provision as to appointment of notaries public and the commissary-general, see
amendments, Art. IV.
II. The records of the commonwealth shall be kept in
the office of the secretary, who may appoint his deputies,
for whose conduct he shall be accountable ; and he shall
attend the governor and council, the senate and house of
representatives, in person, or by his deputies, as they shall
respectively require.
CHAPTER III.
Tenure of all
commissioned
officers to be
expressed.
Judicial officers
to hold office
during good
behavior, ex-
cept, etc.
But may be
removed on
address.
Justices of su-
preme judicial
court to give
opinions when
required.
122 Mass. 600.
126 Maes. 657,
661.
Justices of the
peace ; tenure
of their office.
3 Gush. 584.
For removal of
justices of the
peace, see
amendments,
Art. XXXVn.
Provisions for
holding probate
courts.
12 Gray, 147.
JUDICIARY POWER.
Article I. The tenure, that all commission officers
shall by law have in their offices, shall be expressed in
their respective commissions. All judicial officers, duly
appointed, commissioned, and sworn, shall hold their offices
dm'ing good behavior, excepting such concerning w^hom
there is different provision made in this constitution :
provided, nevertheless, the governor, with consent of the
council, may remove them upon the address of both houses
of the legislature.
II. Each branch of the legislature, as well as the gov-
ernorand council, shall have authority to require the opin-
ions of the -justices of the supreme judicial court, upon,
important questions of law, and upon solemn occasions.
III. In order that the people may not suffer from the
long continuance in place of any justice of the peace who
shall fail of discharging the important duties of his office
with ability or fidelity, all commissions of justices of the
peace shall expire and become void, in the term of seven
years from their respective dates ; and, upon the expira-
tion of any commission, the same may, if necessary, be
renewed, or another person appointed, as shall most con-
duce to the well-being of the commonAvealth.
IV. The judges of probate of wills, and for granting
letters of administration, shall hold their courts at such
place or places, on fixed days, as the convenience of the
people shall require ; and the legislature shall, from time to
time, hereafter, appoint such times and places ; until which
appointments, the said courts shall be holden at the times
and places which the respective judges shall direct.
C0:\OI0NWEALTII OF MASSACHUSETTS. 27
V. All causes of maiTiafjo, divorce, and alimony, and Sj^vorc^/^d
all appeals from the iudfrcs of probate, shall be heard and "Jinu.ny.
1 • • 1 1 •' c- I ' •! 1 1 • Other pro-
detennined bv the governor and council, until the legis- viBions made
lature shall, by law, make other provision. io5Mmb.327,
116 Mase. 317.
CHAPTER IV.
DELEGATES TO CONGRESS,
[The delesiites of this commonwealth to the congress of Delegates to
1 TT • 1 1 1 11 • • 1 1 r> -r congress.
the United btates, shall, some time in the month of June,
annually, be elected b}^ the joint ballot of the senate and
house of representatives, assembled together in one room ;
to serve in congress for one year, to commence on the first
Monday in November then next ensuing. They shall
have commissions under the hand of the governor, and
the great seal of the commonwealth ; but may be recalled
at any time within the year, and others chosen and com-
missioned, in the same manner, in their stead.]
CHAPTER V.
THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF
LITERATURE, ETC.
Section I.
The University.
Article I. Whereas our wise and pious ancestors, so Harvard
early as the 3'ear one thousand six hundred and thirt3^-six, ^*^"®8®-
laid the foundation of Harvard College, in which univer-
sity many persons of great eminence have, by the blessing
of God, been initiated in those arts and sciences which
qualified them for public employments, both in church
and state ; and whereas the encouragement of arts and
sciences, and all good literature, tends to th<j honor of
God, the advantage of the Christian religion, and the great
benefit of this and the other United States of America,
— it is declared, that the President and Fellows of powers, phvi.
Harvard College, in their corporate capacity, and {he^p^esfdent
their successors in that capacity, their officers and ser- confimel.^'
vants, shall have, hold, use, exercise, and enjoy, all the
powers, authorities, rights, liberties, privileges, immuni-
ties, and Iranchises, which they now have, or are entitled
28
CONSTITUTION OF THE
AU gifts,
grants, etc.;
confirmed.
Who shall be
overseers.
See Statutes,
1851, 224.
1852, 27.
1859, 212.
1865, 173.
1880, 65.
Power of altera-
tion reserved to
the legislature.
to have, hold, use, exercise, and enjoy ; and the same are
hereby ratified and confirmed unto them, the said presi-
dent and fellows of Harvard College, and to their suc-
cessors, and to their oiScers and servants, respectively,
forever.
II. And whereas there have been at sundry times, by
divers persons, gifts, grants, devises of houses, lands, tene-
ments, goods, chattels, legacies, and conveyances, here-
tofore made, either to Harvard College in Cambridge, in
New England, or to the president and fellows of Harvard
College, or to the said college by some other description,
under several charters, successively; it is declared, that
all the said gifts, grants, devises, legacies, and convey-
ances, are hereby forever confii-med unto the president
and fellows of Harvard College, and to their successors
in the capacity aforesaid, according to the true intent and
meaning of the donor or donors, grantor or grantors,
devisor or devisors.
in. And whereas, by an act of the general court of
the colony of Massachusetts Bay, passed in the year one
thousand six hundred and forty- two, the governor and
deputy-governor, for the time being, and all the magis-
trates of that jurisdiction, were, with the president, and
a number of the clergy in the said act described, con-
stituted the overseers of Harvard College ; and it being
necessary, in this new constitution of government to
ascertain who shall be deemed successors to the said gov-
ernor, deputy-governor, and magistrates ; it is declared,
that the governor, lieutenant-governor, council, and sen-
ate of this commonwealth, are, and shall be deemed, their
successors, who, with the president of Harvard College,
for the time being, together with the ministers of the con-
gregational churches in the towns of Cambridge, Water-
town, Charlestown, Boston, Roxbury, and Dorchester,
mentioned in the said act, shall be, and hereby are, vested
with all the powers and authority belonging, or in any
way appertaining to the overseers of Harvard College ;
provided, that nothing herein shall be construed to pre-
vent the legislature of this commonwealth from making
such alterations in the government of the said university,
as shall be conducive to its advantage, and the interest
of the republic of letters, in as full a manner as might
have been done by the legislature of the late Province of
the Massachusetts Bay.
COMMONWEALTH OF MASSACHUSETTS. 29
CHAPTER V.
Section II.
The Encouragement of Literature, etc.
"Wisdom and knowledge, as well as virtue, diffused gen- Duty of legieiat-
erally among the body of the people, being necessary for ,"tmtc"inTif'
the preservation of their rights and liberties ; and as these Fo"further°pro-
depend on spreading the opportunities and advantages of ^",j{,\\"\chooiB
education in the various ])arts of the countrv, and among see amend-
, 1 . ,, T ,« I 1 •, 1 ii' 1 1 1 ' meuts, Art.
the ditlercnt orders ot the people, it shall be the duty xvni.
of legislatures and magistrates, in all future periods of 503. ^°'
this commonwealth, to "cherish the interests of literature "^^*^^-®*'^^'
and tlie sciences, and all seminaries of them ; especially
the university at Cambridge, public schools and grammar
schools in the towns ; to encourage private societies and
public institutions, rewards and immunities, for the pro-
motion of agricultm-e, arts, sciences, commerce, trades,
manufactures, and a natural history of the country ; to
countenance and inculcate the principles of humanit}' and
general benevolence, public and private charity, industry
and frugality, honesty and punctuality in their dealings ;
sincerity, good humor, and all social affections, and gen-
erous sentmients, among the people.
CHAPTER VI.
OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF AND EXCLU-
SION FROM OFFICES; PECUNIARY QUALIFICATIONS; COMMIS-
SIONS; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS;
THE ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVI-
SION FOR A FUTURE REVISAL OF THE CONSTITUTION, ETC.
Article I. [Any person chosen governor, lieutenant- Oaths, etc.
governor, councillor, senator, or representative, and accept-
ing the trust, shall, before he proceed to execute the duties
of his place or office, make and subscribe the following
declaration, viz. :
"I, A. B., do declare, that I believe the Christian reli- ^'^'i^h'^^^-J^^
' ' ... amendraents,
gion, and have a firm persuasion of its truth ; and that I Art. vii.
am seised and possessed, in my own right, of the property
required by the constitution, as one qualification for the
office or place to which I am elected."
And the governor, lieutenant-governor, and councillors,
shall make and subscribe the said declaration, in the pres-
30
CONSTITUTION OF THE
Declaration and
oaths of all
officers.
For new oath
of allegiance,
see amend-
ments, Art. VI.
Oath of office.
Proviso. See
amendments,
Art.VL
ence of the two houses of assembly ; and the senators and
representatives, first elected under this constitution, before
the president and five of the council of the former censti-
tution ; and forever afterwards before the governor and
council for the time being.]
And every person chosen to either of the places or
offices aforesaid, as also any person appointed or commis-
sioned to any judicial, executive, military, or other office
under the government, shall, before he enters on the dis-
charge of the business of his place or office, take and sub-
scribe the following declaration, and oaths or affirmations,
viz. :
[" I, A. B., do truly and sincerely acknowledge, profess,
testify, and declare, that the Commonwealth of Massachu-
setts is, and of right ought to be, a free, sovereign, and
independent state ; and I do swear, that I will bear true
faith and allegiance to the said commonwealth, and that I
will defend the same against traitorous conspu-acies and all
hostile attempts whatsoever ; and that I do renounce and
abjure all allegiance, subjection, and obedience to the king,
queen, or government of Great Britain (as the case may
be) , and every other foreign powef whatsoever ; and that
no foreign prince, person, prelate, state, or potentate,
hath, or ought to have, any jiu"isdiction, superiority, pre-
eminence, authority, dispensing or other power, in any
matter, civil, ecclesiastical, or spmtual, within this com-
monwealth, except the authority and power which is or
may be vested by their constituents in the congress of the
United States : and I do fm-ther testify and declare, that
no man or body of men hath or can have any right to
absolve or discharge me from the obligation of this oath,
declaration, or affirmation ; and that I do make this ac-
knowledgment, profession, testimony, declaration, denial,
renunciation, and abjuration, heartily and truly, according
to the common meaning and acceptation of the foregoing
words, without any equivocation, mental evasion, or secret
reservation whatsoever. So help me, God."]
"I, A. B., do solemnly swear and affirm, that I will
faithfully and impartially discharge and perform all the
duties incumbent on me as , according to
the best of my abilities and understanding, agreeably to
the rules and regulations of the constitution and the laws
of the commonwealth. So help me, God."
Provided, always, that when any person chosen or ap-
pointed as aforesaid, shall be of the denomination of the
COMMON WEALTH OF MASSACHUSETTS. 31
people called (Quakers, and shall decline taking the said
oath[s], he shall make his aHirniation in the foregoing
form, and subscribe the same, omitting the words, ["/Jo
swear,'' " and abjure^" " oath or," " and abjuration," in the
first oath, and in the second oath, the words] '■'■ sicear
and," and [in each of them] the words " So Iielj) me,
God;" subjoining instead thereof, " 27iis I do under the
imins and 2)enalties of perjuri/."
And the said oaths or affirmations shall be taken and amrma'ti'ons,
subscribed by the governor, lieutenant-governor, and coun- ^g^g/*^""^"**"
cillors, before the president of the senate, in the presence
of the two houses of assembl}'' ; and b}' the senators and
representatives first elected under this constitution, before
the president and five of the council of the former consti-
tution ; and forever afterwards before the governor and
council for the time being ; and by the residue of the
officers aforesaid, before such persons and in such manner
as from time to time shall be prescribed by the legislature.
II. No governor, lieutenant-governor, or judge of the Plurality of
supreme judicial com"t, shall hold any other office or place, hiwted^uTgov-
under the authority of this commonwealth, except such as exceptretc.
by this constitution they are admitted to hold, saving that ^^e^nt^Art.
the judges of the said court may hold the offices of justices "^"^i^-
of the peace through the state ; nor shall they hold any
other place or office, or receive any pension or salary from
any other state or government or power whatever.
No person shall be capable of holding or exercising at f^fg*"5||°'"
the same time, within this state, more than one of the fol-
loAving offices, viz. : judge of probate — sheriff — register
of probate — or register of deeds ; and never more than
any two offices, which are to be held by appointment of
the governor, or the governor and council, or the senate,
or the house of representatives, or by the election of the
people of the state at large, or of the people of any county,
military offices, and the offices of justices of the peace
excepted, shall be held by one person.
No person holding tlie office of judge of the supreme incompatible
judicial court — secretary — attorney-general — solicitor- For*^further pro-
general — treasurer or receiver-genei-al — judge of probate i^co°mpatible
— commissary-general — [president, professor, or instruc- amendments
tor of Harvard Collesre] — sheriff — clerk of the house of ^^t. viii.
» J . /» 1 1 Officers of Har-
representatives — register ot probate — register ot deeds vardcciiege
— clerk of the supreme iudicial court — clerk of the infe- amendment,
rior court of common })leas — or officer of the customs, ^ *
including in this description naval officers — shall at the
32
CONSTITUTION OF THE
Incompatible
oflBcee.
Bribery, etc.,
disqualify.
Value of money
ascertained.
Property quali-
fications may
be increased.
See amend-
ments, Arts,
XIII. and
XXXIV.
Provisions
respecting
commissions.
Provisione re-
specting write.
2 Pick. 592.
3 Met. 58.
13 Gray, 74.
Continuation of
former laws,
except, etc.
1 Mass. 69.
2 Mass. 534.
8 Pick. 309, 316.
16 Pick. 107, 115.
2 Met. 118.
Benefit of
habeas cof^pns
secured, except,
etc.
same time have a seat in the senate or house of representa-
tives ; but their being chosen or appointed to, and accept-
ing the same, shall operate as a resignation of their seat in
the senate or house of representatives ; and the place so
vacated shall be filled up.
And the same rule shall take place in case any judge of
the said supreme judicial court, or judge of probate, shall
accept a seat in council ; or any councillor shall accept of
either of those offices or places.
And no person shall ever be admitted to hold a seat in
the legislature, or any office of trust or importance under
the government of this commonwealth, who shall, in the
due course of law, have been convicted of bribery or cor-
ruption in obtaining an election or appointment.
III. In all cases where sums of money are mentioned
in this constitution, the value thereof shall be computed
in silver, at six shillings and eight pence per ounce ; and
it shall be in the power of the legislature, from time to
time, to increase such qualifications, as to property, of
the persons to be elected to offices, as the circumstances
of the commonwealth shall requu'e.
IV. All commissions shall be in the name of the
Commonwealth of Massachusetts, signed by the governor
and attested by the secretary or his deputy, and have the
great seal of the commonwealth affixed thereto.
V. All Avrits, issuing out of the clerk's office in any of
the courts of law, shall be in the name of the Common-
wealth of Massachusetts ; they shall be under the seal of
the court from whence they issue ; they shall bear test of
the first justice of the court to which they shall be return-
able, who is not a party, and be signed by the clerk of
such court.
VI. All the laws which have heretofore been adopted,
used, and approved in the Province, Colony, or State of
Massachusetts Bay, and usually practised on in the courts
of law, shall still remain and be in full force, until altered
or repealed by the legislature ; such parts only excepted
as are repugnant to the rights and liberties contained in
this constitution.
VII. The privilege and benefit of the Avrit of habeas
corpus shall be enjoyed in this commonwealth, in the most
free, easy, cheap, expeditious, and ample manner ; and
shall not be suspended by the legislature, except upon the
most urgent and pressing occasions, and for a limited
time, not exceeding; twelve months.
COMMONWEALTH OF MASSACHUSETTS. 33
Vnr. The onactinc: style, in making and i^ssing all JtJ^e^"'^""*
act-^, ^^tatutos, and laws, shall be — " Bo it enacted by the
Senate and House of Representatives in General Court
assembled, and by the authority of the same."
IX. To the end there may be no failure of justice, or officers of
danger arise to the commonwealth from a change of the ment continued
form of government, all officers, civil and military, hold- ""'"' ®'*^'
ing commissions luider the government and people of
Massachusetts Bar in New Enorland, and all other officers
of the said government and people, at the time this con-
stitution shall take etfect, shall have, hold, use, exercise,
and enjoy, all the powers and authority to them granted
or committed, until other persons shall be appointed in
their stead ; and all courts of law shall proceed in the
execution of the business of their respective departments ;
and all the executive and legislative officers, bodies, and
powers shall continue in full force, in the enjo\Tnent and
exercise of all their trusts, employments and authority ;
until the geileral court, and the supreme and executive offi-
cers under this constitution, are designated and invested
with their respective trusts, powers, and authority.
X. [In order the more elFectually to adhere to the Provision for
principles of the constitution, and to correct those viola- 8titutk)nr°°
tions which b}' any means may be made therein, as well p^Jvi^onafto
as to form such alterations as from experience shall be t™®°^^ifd.'*'
found necessary, the general court which shall be in the ments, Art. ix.
year of our Lord one thousand seven hundred and ninety-
five, shall issue precepts to the selectmen of the several
towns, and to the assessors of the unincorjiorated planta-
tions, directing them to convene the qualified voters of
their respective towns and plantations, for the purpose of
collecting their sentiments on the necessity or expediency
of revising the constitution, in order to amendments.
And if it shall appear, by the returns made, that two- provision for
thirds of the qualified voters throughout the state, who smuuon!^''"'
shall assemble and vote in consequence of the said pre-
cepts, are in favor of such revision or amendment, the
general court shall issue precepts, or direct them to be
issued from the secretary's office, to the several towns
to elect delegates to meet in convention for the purpose
aforesaid.
The said delegates to be chosen in the same manner
and proportion as their representatives in the second
branch of the leo^islature are bv this constitution to be
chosen.]
34
CONSTITUTION OF THE
pres^'^^ngand ^I- This forin of govemment shall be enrolled on
constiultion^^^ parchment, and deposited in the secretary's office, and be
a part of the laws of the land ; and printed copies thereof
shall be prefixed to the book containing the laws of this
commonwealth, in all futm-e editions of the said laws.
Bill, etc., not
approved within
five days, not to
become a law,
if legislature
adjourn in the
mean time.
3 Mass. 567.
See Const., Ch.
I., § 1, Art. II.
General court
empowered to
charter cities.
122 Maes. 354.
Proviso.
112 Mass. 200.
Qualificationsof
voters for gov-
ernor, lieuten-
ant-governor,
senators and
representatives.
gee amend-
ments. Arts.
XXX., XXXII.
and XL.
11 Pick. 538, 540.
14 Pick. 341.
14 Mass. 367.
5 Met. 162, 298,
591, 594.
ARTICLES OF AMENDMENT.
' Article I. If any bill or resolve shall.be objected to,
and not approved by the governor ; and if the general
court shall adjourn within five days after the same shall
have been laid before the governor for his approbation,
and thereby prevent his returning it with his objections,
as provided by the constitution, such bill or resolve shall
not become a law, nor have force as such.
Art. II. The general court shall have full power and
authority to erect and constitute municipal or city gov-
ernments, in any corporate town or towns in this com-
monwealth, and to grant to the inhabitants thereof such
powers, privileges, and immunities, not repugnant to the
constitution, as the general court shall deem neces.sary
or expedient for the regulation and government thereof,
and to prescribe the manner of calling and holding public
meetings of the inhabitants, in wards or otherwise, for
the election of oificers under the constitution, and the
manner of returnino; the votes given at such meetino's.
Provided, that no such government shall be erected or
constituted in any town not containing twelve thousand
inhabitants, nor unless it be with the consent, and on the
application of a majority of the inhabitants of such town,
present and voting thereon, pursuant to a vote at a meet-
ing duly warned and holden for that purpose. And pro-
vided, also, that all by-laws, made by such municipal
or city government, shall be subject, at all times, to be
annulled by the general court.
Art., III. Every male citizen of twentj^-one years of
age and upwards, excepting paupers and persons under
guardianship, who shall have resided within the common-
wealth one year, and within the town or district in which
he may claim a right to vote, six calendar months next
preceding any election of governor, lieutenant-governor,
senators, or representatives, [and who shall have paid,
by himself, or his parent, master, or guardian, any state
COMMONWEALTH OF MASSACHUSETTS. 35
or county tax, which shall, within two years next preced- j2?Maee?595
inir such election, have been assessed upon him, in any 597. ' '
'^ ,...,. 1111 ''124 Ma88. 596.
town or district ot this comnionwealtli ; and also every For educational
citizen who shall be, by law, exempted from taxation, Beearae''nd^°'
and who shall be, in all other respects, qualified as above vorproVili^'
mentioned,] shall have a right to vote in such election of hive ger°4d^n °
governor, lieutenant-ijovernor, senators, and reprcsenta- the army or
t> ' o 111 '11 • nav^' in t'™e
tives ; and no other person shall be entitled to vote in of war, see
, , . amendmentB,
such election. ArtB.xxviii.
Bee also amendments, Art. XXm., which was annulled by amendments, Art. XXVI.
Art. IV. Notaries public shall be ai^pointed l)y the Notaries public,
,, • T • 1 !«• how appointed
governor in the same manner as judicial otncers are ap- and removed,
pointed, and shall hold their oHices during seven years,
unless sooner removed by the governor, with the consent
of the council, upon the address of both houses of the ^®entr*\rt
legislatiu'c. xxxvii. "
rin case the office of secretary or treasurer of the com- Vacancies in the
^ 1^11111 /^ !• offices of secre-
mon wealth shall become vacant ii'om any cause, during tary and treas.
the recess of the general court, the governor, with the tws ciaue^e^^**"
advice and consent of the council, shall nominate and |m''e*l[dment8^^
appoint, under such regulations as may be prescribed Art.xvii.
by law, a competent and suitable person to such vacant
office, who shall hold the same until a successor shall be
appointed by the general coiu-t.]
^^^le never the exigencies of the commonwealth shall ge°n™mi^mJJ'be
require the appointment of a commissary-general, he shall *PPg°'gt|*^' ^'^
be nominated, appointed, and commissioned, in such man-
ner as the legislatm'c may, by law, prescribe.
All officers commissioned to command in the militia Miiitia officers,
, T /. rr> ' 1 ,11' how removed.
may be removed irom office in such manner as the legis-
lature may, by law, prescribe.
Art. V. In the elections of captains and subalterns who may vote
of the militia, all the members of then* respective compa- eubauernf.^ ^°
nies, as well those under as those above the age of twenty-
one years, shall have a right to vgtc.
Art. YI. Instead of the oath of allegiance prescribed ^y'Jii^o
be taken
fflcers.
bv the constitution, the followin<r oath shall be taken and ,^?® S^on^*.- ,
subscribed by every person chosen or appointed to any
office, civil or military, under the government of this
commonwealth, before he shall enter on the duties of his
office, to wit : —
"I, A. B., do solemnly swear, that I will bear true
faith and allegiance to the Commonwealth of Massachu-
setts, and will support the constitution thereof. So help
me, God."
36 CONSTITUTION OF THE
Qu°akers may Providecl, That wheii any person shall be of the denomi-
affirm. nation called Quakers, and shall decline taking said oath,
he shall make his affirmation in the foreo-oino: form, omit-
ting the word ' ' swear " and inserting, instead thereof, the
word " affirm," and omitting the words " So help me, God,"
and subjoining, instead thereof, the words, "This I do
under the |>ains and penalties of perjury."
Tests abolished. Art. VII. No oatli, declaration, or subscription, ex-
cepting the oath prescribed in the preceding article, and
the oath of office, shall be required of the governor, lieuten-
ant-governor, councillors, senators, or representatives, to
qualify' them to perform the duties of their respective offices.
o?oS"^""^ Art. VIII. No judge of any court of this common-
122 Mass. 445, wealth, (exccpt the court of sessions,) and no person
123 Mass. 525. holding any office under the authority of the United
States, (postmasters excepted,) shall, at the same time,
hold the office of governor, lieutenant-governOr, or coun-
cillor, or have a seat in the senate or house of representa-
tives of this commonwealth ; and no judge of any court in
this commonwealth, (except the court of sessions,) nor the
attorney-general, solicitor-general, county attorney, clerk
of any court, sheriff, treasurer and receiver-general, reg-
ister of probate, nor register of deeds, shall continue to
hold his said office after being elected a member of the
Congress of the United States, and accepting that trust ;
but the acceptance of such trust, by any of the officers
aforesaid, shall be deemed and taken to be a resignation
of his said office ; and judges of the courts of common
pleas shall hold no other office under the government of
this commonwealth, the office of justice of the peace and
militia offices excepted.
^smluion?*^ Art. IX. If, at any time hereafter, any specific and
how made. particular amendment or amendments to the constitution
be proposed in the general court, and agreed to by a ma-
jority of the senators and two-thirds of the members of
the house of representatives present and voting thereon,
such proposed amendment or amendments shall be entered
on the journals of the two houses, with the yeas and nays
taken thereon, and referred to the general court then next
to be chosen, and shall be published ; and if, in the general
court next chosen as aforesaid, such proposed amendment
or amendments shall be agreed to by a majority of the
senators and two-thirds of the members of the house of
representatives present and voting thereon, then it shall
be the duty of the general court to submit such proposed
com:\io\avi:altii of Massachusetts. 37
amomlnioiit or aiiUMulmont.s to the people ; and if they
shall be approved and ratitied by a majority of the quali-
fied voters, voting thereon, at meetings legally warned
and holden for that pm'pose, they shall become part of
the confe;titution of this commonwealth.
AuT. X. The political year shall begin on the first commencement
AVednesday of January, instead of the last Wednesday of year,
j\Iay ; and the general court shall assemble every j^ear on
the said first Wednesday of January, and shall proceed, at
that session, to make all the elections, and do all tlic other
acts, which are by the constitution required to be made and
done at the session which has heretofore commenced on the
last Wednesday of May. And the ijeneral court shall be andterminB-
./ J ^ ^ ^ tlOD.
dissolved on the da}'^ next preceding the first Wednesday
of Januar}', without any proclamation or other act of the
governor. But nothing herein contained shall prevent
the general court from assembling at such other times as
they shall judge necessary, or Avhen called togetlier by the
governor. The governor, lieutenant-governor and coun-
cillors, shall also hold their respective offices for one year
next following the first Wednesday of January, and until
others are chosen and qualified in their stead.
TThe meetino; for the choice of o-overnor, lieutenant- Meetings for the
L o _ o 111 choice of gov-
governor, senators, and representatives, shall be held on emor, iieuten-
the second Monday of November in every year; but etc., when to' be
meetings may be adjourned, if necessary, for the choice Thiscianse
of representatives, to the next day, and again to the next am^en'dmemJ'/
succeeding day, but no further. But in case a second ^rt.xv.
meeting shall be necessary for the choice of representa-
tives, such meetings shall be held on the fourth ^Monday
of the same month of November.]
All the other provisions of the constitution, respecting
the elections and proceedings of the members of the gen-
eral court, or of any other ofBcers or persons whatever, that
have reference to the last Wednesday of ]\Iay, as the com-
mencement of the jx)litical year, shall be so far altered, as
to have like reference to the first AVednesday of January.
This article shall go into operation on the first day of ^"^o^nC^^"
October, next following the day when the same shall be operauon.
duly ratified and adopted as an amendment of the consti-
tution ; and the governor, lieutenant-governor, councillors,
senators, representatives, and all other state officers, who
are annually chosen, and who shall be chosen for the cur-
rent year, Avhen the same shall go into operation, shall
hold their respective offices until the first Wednesday of
38
CONSTITUTION OF THE
Inconsistent
provisions
annulled.
Religious
freedom
established.
See Dec. of
Rights, Art.
III.
122 Mass. 40,41.
Census of rata-
ble polls to be
taken in 1837,
and decennially
thereafter.
This article was
superseded by
amendments,
Art. XIII.,
which was also
superseded by
amendments,
Art. XXI.
Representa-
tives, how
apportioned.
January then next following, and until others are chosen
and qualified in their stead, and no longer ; and the first
election of the governor, lieutenant-governor, senators, and
representatives, to be had in virtue of this article, shall
be had conformably thereunto, in the month of November
following the day on which the same shall be in force, and
go into operation, pursuant to the foregoing provision.
All the provisions of the existing constitution, incon-
sistent with the provisions herein contained, are hereby
wholly annulled.
Art. XI. Instead of the third article of the bill of
rights, the following modification and amendment thereof
is substituted : —
"As the public worship of God and instructions in
piety, religion, and morality, promote the happiness and
prosperity of a people, and the security of a republican
government; therefore, the several religious societies of
this commonwealth, whether corporate or unincorporate,
at any meeting legally warned and holden for that pur-
pose, shall ever have the right to elect their pastors or
religious teachers, to contract with them for their support,
to raise money for erecting and repairing houses for public
worship, for the maintenance of religious instruction, and
for the payment of necessary expenses ; and all persons
belonging to any religious society shall be taken and held
to be members, until they shall file with the clerk of such
society a written notice, declaring the dissolution of their
membership, and thenceforth shall not be liable for any
grant or contract which may be thereafter made, or entered
into by such society ; and all religious sects and denomi-
nations, demeaning themselves peaceably, and as good
citizens of the commonwealth, shall be equally under the
protection of the law ; and no subordination of any one
sect or denomination to another shall ever be established
by law."
Art. Xn. [In order to provide for a representation
of the citizens of this commonwealth, founded upon the
principles of equality, a census of the ratable polls, in each
city, townj and district of the commonwealth, on the first
day of May, shall be taken and returned into the secre-
tary's office, in such manner as the legislature shall pro-
vide, within the month of May, in the year of our Lord
one thousand eight hundred and thirty-seven, and in every
tenth year thereafter, in the month of May, in manner
aforesaid ; and each town or city having three hundred rata-
COMMONWEALTH OF MASSACHUSETTS. 39
bio polls ;it the lust })reooding decennial census of polls,
nmy elect one representative, and for every four hundred
and fifty ratable polls in addition to the first thi-eo hun-
dred, one representative more.
Any town havinix less than three hundred ratable polls Towns having
shall be roprest'nted thus : The whole number of ratable ratabieVue,
polls, at the last preceding decennial census of polls, shall geilted?'^^'
be multiplied by ten, and the product divided by three
hundred ; and such town may elect one representative as
many years within ten years, as three hundred is contained
in the product aforesaid.
Any city or toAvn having ratable polls enough to elect f/prelent«d?^
one or more representatives, with any number of polls
beyond the necessary number, may be represented, as to
that surplus luuuber, by multiplying such surplus number
by ten and dividing the product b}- four hundred and fifty ;
and such city or town may elect one additional representa-
tive as many years, within the ten years, as foiu- hundred
and fifty is contained in the product aforesaid.
Any two or more of the several towns and districts Towns may
may, by consent of a majority of the legal voters present sentative dis-
at a legal meeting, in each of said towns and districts, *"°*^'
respectively, called for that purpose, and held previous to
the first day of July, in the 3'ear in which the decennial
census of polls shall be taken, form themselves into a rep-
resentative district to continue until the next decennial
census of polls, for the election of a representiitive, or rep-
resentatives ; and such district shall have all the rights, in
regard to representation, which would belong to a town
containing the same nmnber of ratable polls.
The governor and council shall ascertain and determine, Thepovernor
within the months of July and August, in the year of our determlne'the
Lord one thousand eight hundred and thu'ty-seven, accord- ree^ntotivlrto'
ing to the foregoing principles, the number of representa- town^is^entitied.
tives, which each city, town, and representative district
is entitled to elect, and the number of years, within the
period of ten years then next ensuing, that each city,
to"wn, and representative district may elect an additional
representative ; and where any town has not a sufficient
number of polls to elect a representative each year, then,
how many 3'ears Avithin the ten years, such town may elect
a representative ; and the same shall be done once in ten New apportion-
,1 fi 1 J^ 1 '^ 1 ^1 meut to be made
years, thereaiter, by the governor and council, and the once in every
number of ratable polls in each decennial census of polls, *®"y®"^-
shall determine the number of represejitatives, which each
40 CONSTITUTION OF THE
city, town and representative district may elect as afore-
said ; and when the number of representatives to be elected
by each city, town, or representative district is ascertained
and determined as aforesaid, the governor shall cause the
same to be published forthwith for the information of the
people, and that number shall remain fixed and unalterable
for the period of ten years.
p^o^Aont'** -^^1 ^^^^ provisions of the existing constitution incon-
annuiied. sisteut with the provisions herein contained, are hereby
wholly annulled.]
Sbuantf to i)e Art. XIII. [A ccusus of the inhabitants of each city
^d^diMnntaiiy ^^^^ towu, On the first day of May, shall be taken, and
thereafter, for returned iuto the secretary's office, on or l)efore the last
l)3>sis of rcprc-
eeutation. day of Juuc, of the year one thousand eight hundred and
ceM^is^Buprr- forty, and of every tenth year thereafter ; which census
mentil'i.rt^!"^" sliall determine the apportionment of senators and repre-
XXI. and XXII. scutatives for the term of ten years. 122 Mass. 595.
^rlofs^deciared The scvcral Senatorial districts now existing shall be
Iro^ti'ons'as to permanent. The senate shall consist of forty members;
senators super- and in the year one thousand eis-ht hundred and forty,
ments, Art. and cvcry tenth year thereafter, the governor and council
shall assign the number of senators to be chosen in each
district, according to the number of inhabitants in the
same. But, in all cases, at least one senator shall be
assigned to each district.
Sn?ft1ve8*^tK)w' The members of the house of representatives shall be
apportioned, apportioned in the following manner : Every town or city
Provisions asto^^., , it-ii- i
representatives containing twclvo hundred inhabitants may elect one rep-
am^elTdLe^nts,^ rcsentativc ; and two thousand four hundred inhabitants
Art. XXI. shall be the mean increasing number, which shall entitle
it to an additional representative.
w^repre"^' Evcry towu Containing less than twelve hundred inhab-
sented. itauts shall be entitled to elect a representative as many
times within ten years as tlie number one hundred and
sixty is contained in the number of the inhabitants of said
town. Such towns may also elect one representative for
the year in which the valuation of estates within the com-
monwealth shall be settled.
uniTe^in™*'' Any two or more of the several towns may, by consent
dtstricts"^''^^ of a majority of the legal voters present at a legal meet-
ing, in each of said towns, respectively, called for that
l^urpose, and held before the first day of August, in the
year one thousand eight hundred and forty, and every
tenth year thereafter, form themselves into a representa-
tive district, to continue for the term of ten years ; and
COMMONWEALTH OF MASSACHUSETTS. 41
such district shall have all tlic rights, in regard to repre-
sentation, which Avould belong to a town containins: the
same number ot inhabitants.
The number of inhabitants which shall entitle a town BaniBof
to elect one representative, and the mean increasing num- l^ndTatiTof°'^
ber Avhich shall entitle a town or city to elect more than ^'^'^^'"'®-
one, and also the number by which the population of towns
not entitled to a representative every 3'ear is to be divided,
shall be increased, respectively, by one-tenth of the num-
bers above mentioned, whenever the population of the
commonwealth shall have increased to seven hundred and
seventy thousand, and for every additional increase of
seventy thousand inhabitants, the same addition of one-
tenth shall be made, respectively, to the said numbers
above mentioned.
In the year of each decennial census, the governor and Jn^d Sc"°to
council shall, before the first day of September, apportion number**"/^'^
the number of representatives which each city, town, and repres^entatives
representative district is entitled to elect, and ascertain once in every
how many years, within ten years, any town may elect a **°^'^''"-
representative, which is not entitled to elect one every
3'ear ; and the governor shall cause the same to be pub-
lished forthAvith.
Nine councillors shall be annually chosen fi'om among counciuore to
the people at large, on the first Wednesday of January, ?he*^peopkiT™
or as soon thereafter as may be, by the joint ballot of the rrovUionB as tc
senators and representatives, assembled in one room, who gu^er^ededb
shall, as soon as may be, in like manner, fill up any vacan- ameDdmente,
cies that may happen in the council, by death, resignation,
or otherwise. Xo person shall be elected a councillor, who Qualifications
has not been an inhabitant of this commonwealth for the °^ <=°'^<=i^^'^'^^'
term of five years immediately preceding his election ;
and not more than one councillor shall be chosen from
any one senatorial district in the commonwealth.]
Xo possession of a freehold, or of any other estate, shall Juaimcauon'for
be re((uired as a qualification for holdinir a seat in either a seat in general
■,,/., T .,~. ., court or couucii
branch ot the generni court, or in the executive council, not required.
Art. XIV. In all elections of civil officers by the Elections by the
people of this commonwealth, whose election is provided pi^u^imy 0/ ^'
for by the constitution, the person having the highest num- "^^^^'^
ber of votes shall be deemed and declared to be elected.
Art. XV. The meetin£r for the choice of ffovernor. Time of annual
•,., , , ^ J ij.' Ill election of ctot-
lieutenant-governor, senators, and representatives, shall cmor and legis-
be held on" the Tuesday next after the first :Monday in ^''^'^'^•
November, annually ; but in case of a failure to elect rep-
42 CONSTITUTION OF THE
resentatives on that day, a second meeting shall be holden,
for that purpose, on the fourth Monday of the same month
of November.
woSosen ^^T- XVI. Eight councillors shall be annually chosen
ii'2'ua.fs°59t ^y *^® inhabitants of this commonwealth, qualified to vote
598. ' ' for governor. The election of councillors shall be deter-
mined by the same rule that is requu-ed in the election of
governor. The legislature, at its first session after this
amendment shall have been adopted, and at its first ses-
sion after the next state census shall have been taken,
and at its first session after each decennial state census
Legislature to thereaftcrwards, shall divide tlie commonwealth into eisrht
district state. . . ^ . ®
districts of contiguous territory, each containing a number
of inhabitants as nearl}^ equal as practicable, without divid-
ing any town or ward of a city, and each entitled to elect
one councillor : provided, however, that if, at any time, the
constitution shall provide for the division of the common-
wealth into forty senatorial districts, then the legislature
shall so arrange the councillor districts, that each district
shall consist of five contiguous senatorial districts, as
they shall be, from time to time, established by the legis-
di^ed.^*^ lature. No person shall be eligible to the office of coun-
cillor who has not been an inhabitant of the commonwealth
for the term of five years immediately preceding his elec-
^eTof'dectfon 1^1^)11 • The da}^ and manner of the election, the return of
etc. the votes, and the declaration of the said elections, shall
be the same as are required in the election of governor.
^^acancies, how [-"VYiienever there shall be a failure to elect the full num-
Fornewpro- |^gj. ^f councillors, the vacancies shall be filled in the same
vision as to ^ '^
vacancies, see manner as is required for filling vacancies in the senate ;
Art. XXV. ' and vacancies occasioned by death, removal from the state,
or otherwise, shall be filled in like manner, as soon as may
Organization of i^g after such vacaucics shall have happened. 1 And that
the government. ' i i • i • • /» i
there may be no delay in the organization oi the govern-
ment on the first Wednesday of January, the governor,
with at least five councillors for the time being, shall, as
soon as may be, examine the returned copies of the records
for the election of governor, lieutenant-governor, and coun-
cillors ; and ten days before the said first Wednesday in
January he shall issue his summons to such persons as
appear to be chosen, to attend on that day to be qualified
accordingly ; and the secretary shall lay the returns before
the senate and house of representatives on the said first
AYednesday in January, to be by them examined ; and in
case of the election of either of said officers, the choice
COMMOXAVEALTH OF MASSACHUSETTS. 43
shall be by them declared and published ; but in case there
shall be no election of either of said officers, the legislat-
uiv shall proceed to fill such vacancies in the manner pro-
vided in the constitution for the* choice of such officers.
AuT. XVII. The secretary, treasurer and receiver- Election of
general, auditor, and attorney-general, shall be chosen mer! audiJ?*''
annually, on the day in November prescribed for the ge,\'e"arby7iie
choice of governor ; and each person then chosen as such, veovie.
duly qualified in other respects, shall hold his office for
the term of one year from the third Wednesda}^ in Jan-
uary next thereafter, and until another is chosen and
qualified in his stead. The qualification of the voters,
the manner of the election, the return of the votes, and
the declaration of the election, shall be such as are required
in the election of governor. In case of a failure to elect 7,?*'^°'®^' ^°^
either of said officers on the day in November aforesaid,
or in case of the decease, in the mean time, of the person
elected as such, such officer shall be chosen on or before
the third Wednesday in January next thereafter, from
the two persons who had the highest number of votes for
said offices on the day in November aforesaid, by joint
ballot of the senators and representatives, in one room ;
and in case the office of secretary, or treasurer and receiver-
general, or auditor, or attorney-general, shall become va-
cant, from an}^ cause, during an annual or special sessioa
of the general court, such vacancy shall in like manner
be filled by choice from the people at large ; but if such
vacancy shall occur at any other time, it shall be supplied
by the governor by ap})ointment, with the advice and con-
sent of the council. The person so chosen or appointed,
duly qualified in other respects, shall hold his office until
his successor is chosen and duly qualified in his stead.
In case any person chosen or appointed to either of the To qualify
offices aforesaid, shall neglect, for the space of ten days aherwise o^e
after he could otherwise enter upon his duties, to qualify vacantf^'^^''
himself in all respects to enter upon the discharge of such
duties, the office to which he has been elected or appointed
shall be deemed vacant. No person shall be eligible to Qualification
either of said offices unless he shall have been an inhabi- ^*'^^ *
tant of this commonwealth five years next preceding his
election or appointment.
Art. XVIII. All moneys raised by taxation in the school moneys
towns and cities for the support of public schools, and pUedTfor R^cta.
all moneys which may be a})})ropriated by the state for por'orig^nit
the support of common schools, shall be applied to, and proviaion as to
44
CONSTITUTION OF THE
BchoolB, see
coDBtitution,
Part First, Art.
III.
12 Allen, 500,
508.
103 MaBB. 94, 96.
Legislature to
prescribe for
the election of
sheriffs, regis-
ters of probate,
etc. See
amendments,
Art. XXXVI.
8 Gray, 1.
13 Gray, 74.
Reading consti-
tution in
English and
writing, neces-
sary qualifica-
tions of voters.
Proviso.
For other quali-
fications, see
amendments.
Art. III.
See also amend-
ments, Art.
XXIII., which
was annulled by
amendments.
Art. XXVI.
Cenetis of legal
voters and of
inhabitants,
when taken,
etc. See
P. 8. c. 31.
House of repre-
sentatives to
consist of 240
members.
Legislature to
apportion, etc.
10 Gray, 613.
expended in, no other schools than those which are con-
ducted according to law, under the order and superintend-
ence of the authorities of the town or city in which the
money is to be expended ; and such moneys shall never
be appropriated to any religious sect for the maintenance,
exclusively, of its own school.
Art. XIX. The legislature shall prescribe, by general
law, for the election of sheriffs, registers of probate, [com-
missioners of insolvency,] and clerks of the courts, by the
people of the several counties, and that district-attorneys
shall be chosen by the people of the several districts, for
such term of office as the legislature shall prescribe.
110 Maes. 172, 173. 117 Mass . 602, 603. 121 Mass. 65.
Art. XX. No person shall have the right to vote, or
be elio^ible to office under the constitution of this common-
wealth, who shall not be able to read the constitution in
the English language, and write his name : provided^ liow-
ei'er, that the provisions of this amendment shall not apply
to any person prevented by a physical disability from com-
plying Avith its requisitions, nor to any person who now
has the right to vote, nor to any persons who shall be
sixty years of age or upwards at the time this amendment
shall take effect.
Art. XXI. A census of the legal voters of each city
and town, on the first day of INIay, shall be taken and
returned into the office of the secretary of the common-
wealth, on or before the last day of June, in the 3'ear one
thousand eight hundred and fifty-seven ; and a census of
the inhabitants of each city and town, in the year one
thousand eight hundred and sixty-five, and of every tenth
year thereafter. In the census aforesaid, a special enumer-
ation shall be made of the legal voters ; and in each city,
said enumeration shall specify the number of such legal
voters aforesaid, residing in each ward of such city. The
enumeration aforesaid shall determine the apportionment
of representatives for the periods between the taking of
the census.
The house of representatives shall consist of two hun-
dred and forty members, which shall be apportioned by
the legislature, at its first session after the return of each
enumeration as aforesaid, to the several counties of the
commonAvealth, equally, as nearly as may be, according
to their relative numbers of legal voters, as ascertained
by the next preceding special enumeration ; and the town
of Cohasset, in the county of Norfolk, shall, for this pur-
COMMOXAVEALTH OF MASSACHUSETTS. 45
pose, as well as in the formation of disti'icts, as hereinafter
provided, be considered a part of the county of Plynioutli ;
and it shall be the duty of the secretary of the common- secretary Bhaii
wealth, to certif}', as soon as may be after it is determined cera authorized
"by the legislature, the number of representatives to which counties^
■each county shall be entitled, to the board authorized to
divide each county into representative district^j. The
mayor and aldermen of the city of Boston, the county
conmiissioners of other counties than Sutfolk, — or in lieu
of the mayor and aldermen of the cit}' of Boston, or of the
county commissioners in each county other than Sutfolk,
such board of special commissioners in each county, to
be elected by the people of the county, or of the toAvns
therein, as may for that pm-pose be provided by law, —
shall, on the first Tuesday of August next after each Meeting for
,,. J. J.' J. u i iii. division to be
xissignment oi representatives^ to each county, assemble at first Tuesday
£i shire town of their respective counties, and proceed, as Pr^^d^ga.
soon as may be, to divide the same into representative
•districts of contiguous territory, so as to apportion the
representation assigned to each county equally, as nearly
;as may be, according to the relative number of legal A'oters
in the several districts of each county ; and such districts
shall be so formed that no town or ward of a city shall
be divided therefor, nor shall any district be made which
shall be entitled to elect more than three representatives.
Every representative, for one year at least next preceding QuaUficationaof
his election, shall have been an inhabitant of the district i22iiat"!*595r
for which he is chosen, and shall cease to represent such ^®^"
district when he shall cease to be an inhabitant of the
commonwealth. The districts in each county shall be Districts to be
numbered by the board creating the same, and a descrip- described and
tion of each, with the numbers thereof and the number '=®'^^'^-
of legal voters therein, shall be returned by the board, to
the secretary of the commonwealth, the county ti'easurer
of each county, and to the clerk of every town in each
district, to be filed and kept in their respective offices.
The manner of callinij and conducting the meetings for
the choice of representatives, and of ascertaining their
election, shall be prescribed by law. [Not less than one Quorum, sea
hundred members of the house of representatives shall Art^.^xxxm.
constitut<3 a quorum for doing business ; but a less num-
ber may organize temporarily, adjoiu-n from day to day,
and compel the attendance of absent members.]
Aet. XXII. A census of the legal voters of each city Census etc.
:and town, on the first day of May, shall be taken and
46
CONSTITUTION OF THE
Voters to be
basis of appor
tionment of
eenators.
Senate to con
sist of forty
members.
Senatorial
districts, etc.
See amend-
ments, Art,
XXIV.
Qualifications
of senators.
returned into the office of the secretary of the common-
wealth, on or before the last day of June, in the year one
thousand eight hundred and fifty-seven ; and a census of
the inhabitants of each city and town, in the year one
thousand eight hundred and sixty-five, and of every tenth
year thereafter. In the census aforesaid, a special enu-
mei*ation shall be made of the legal voters, and in each
city said enumeration shall specify the number of such
legal voters aforesaid, residing in each ward of such city.
The enumeration aforesaid shall determine the apportion-
ment of senators for the periods between the taking of the
census. The senate shall consist of forty members. The
general court shall, at its first session after each next pre-
ceding special enumeration, divide the commonwealth into
forty districts of adjacent territory, each district to contain,
as nearly as may be, an equal number of legal voters, ac-
cording to the enumeration aforesaid : provided^ however,
that no town or ward of a city shall be divided therefor ;
and such districts shall be formed, as nearly as may be,
without uniting two counties, or parts of two or more
counties, into one district. Each district shall elect one
senator, who shall have been an inhabitant of this com-
monwealth five years at least immediately preceding his
election, and at the time of his election shall be an inhab-
itant of the district for which he is chosen ; and he shall
cease to represent such senatorial district when he shall
cease to be an inhabitant of the commonwealth. [Not less
than sixteen senators shall constitute a quorum for doing
business ; but a less number may organize temporarily,
adjourn fi'om day to day, and compel the attendance of
absent members.]
Art. XXIII. [No person of foreign birth shall be en-
titled to vote, or shall be eligible to office, unless he shall
to entitle to suf- liavc rcsidcd within the jurisdiction of the United States
eif|ibkft™office. for two years subsequent to his naturalization, and shall
Jn'^nuUedby " ^6 otherwisc qualified, according to the constitution and
Art. XXVI. laws of this commonwealth: provided, that this amend-
ment shall not affect the rights which any person of foreign
birth possessed at the time of the adoption thereof; and,
provided, further, that it shall not affect the rights of any
child of a citizen of the United States, born during the
temporary absence of the parent therefrom.]
Art. XXIV. Any vacancy in the senate shall be filled
by election by the people of the unrepresented district,
upon the order of a majority of the senators elected.
Quorum, see
amendments,
Art. XXXIII,
Residence of
two years re-
quired of natu
Vacancies in the
senate.
C0M:M0NWEALTII of jNIASSACHUSETTS. 47
Art. XXV. In ca.«se of a vacancy in the council, from vncancicBintiie
a failure of election, or other cause, the senate and house
of representatives shall, by concurrent vote, choose some
eligible person from the people of the district wherein such
vacancy occurs, to till that office. If such vacancy shall
happen when the legislature is not in session, the governor,
with the advice and consent of the council, may fill the same
by appointment of some eligible person.
Art. XX\'I. The twenty-third article of the articles Twenty-third
of amendment of the constitution of this commonwealth, amendments
which is as follows, to wit: " No person of foreign birth a'»^^«'^-
shall be entitled to vote, or shall be eligible to office, unless
he shall have resided within the jurisdiction of the United
States for two years subsequent to his natm-alization, and
shall be otherwise qualified, according to the constitution
and laws of this commonwealth : 2}i'ovi'ded, that this amend-
ment shall not affect the rights which any person of foreign
birth possessed at the time of the adoption thereof; and
provided, further, that it shall not affect the rights of any
child of a citizen of the United States, born during the tem-
porary absence of the parent therefrom,"' is hereby wholly
annulled.
Art. XXVII. So much of article two of chapter six Provisions of
of the constitution of this commonwealth as relates to per- vi.,'reiating?o
sons holding the office of president, professor, or insti'uctor v.^dTonl^t'^
of Harvard College, is hereby annulled. annulled.
Art. XXVIII. Xo person having served in the army superseded by
or navy of the United States in time of war, and having ' "'
been ho norabl}'^ discharged from such service, if otherwise
qualified to vote, shall be disqualified therefor on account
of being a pauper ; or, if a pauper, because of the non-
payment of a \)o\\ tax.
Art. XXIX. The general court shall have full power voting pre-
^D *■ ciDCtti ill towns
and authority to provide for the inhabitants of the towns
in this cominonAvealth more than one place of public meet-
ing within the limits of each town for the election of officers
under the constitution, and to prescribe the manner of call-
ing, holding and conducting such meetings. All the pro-
visions of the existing constitution inconsistent with the
provisions herein contained are hereby annulled.
Art. XXX. No person, otherwise qualified to vote in voters not dis-
elections for governor, lieutenant-governor, senators, and ?"a1on^of ^
representatives, shall, by reason of a change of residence dencf untir^'i
within the commonwealth, be dLsqualified from voting for "°e^o/rlmo*vai.
said officers in the city or town from which he has removed
48
CONSTITUTION OF THE
Amendments,
Art. XXVIII.
amended.
Person who
served in army
or navy, etc.,
not disqualitied
from voting for
non-payment of
poll tax.
Provisions of
amendments,
Art. III., rela-
tive to payment
of a tax as a
voting qualifica-
tion, annulled.
Quorum, in each
branch of the
general court,
to consist of a
majority of
members.
Provisions of
Art. II., § I.,
Chap. II., Part
II., relative to
property quali-
fication of
governor,
annulled.
Provisions of
Art. II., § III.,
Chap. I., rela-
tive to expense
of travelling to
the general
assembly by
members of the
'house, annulled .
his residence, until the expiration of six calendar months
from the time of such removal.
Art. XXXI. Article twenty-eight of the amendments
of the constitution is hereby amended by striking out in
the fourth line thereof tlie words " being a pauper", and
inserting in place thereof the words : — receiving or having
received aid from any city or town, — and also by striking
out in said fourth line the words " if a pauper", so that
the article as amended shall read as follows : Article
XXVIII. No person having served in the army or navy
of tlie United States in time of war, and having been hon-
orably discharged from such service, if otherwise qualified
to vote, shall be disqualified therefor on account of receiv-
ing or having received aid from any city or town, or be-
cause of the non-pa}Tiient of a poll tax.
Art. XXXII. So much of article three of the amend-
ments of the constitution of the commonwealth as is con-
tained in the following words : " and who shall have paid,
by himself, or his parent, master, or guardian, any state or
county tax, which shall, within two years next preceding
such election, have been assessed upon him, in any town
or district of this commonwealth ; and also every citizen
who shall be, by law, exempted from taxation, and who
shall be, in all other respects, qualified as above men-
tioned ", is hereby annulled.
Art. XXXIII. A majority of the members of each
branch of the general court shall constitute a quorum for
the transaction of business, but a less number may adjourn
from day to day, and compel the attendance of absent
members. All the provisions of the existing constitu-
tion inconsistent with the provisions herein contained are
hereby annulled.
Art. XXXIV. So much of article two of section one
of chapter two of part the second of the constitution of
the commonwealth as is contained in the following words :
"and unless he shall at the same time be seised, in his
own right, of a freehold, within the commonwealth, of the
value of one thousand pounds " ; is hereby annulled.
Art. XXXV. So much of article two of section three
of chapter one of the constitution of the commonwealth
as is contained in the following words : " The expenses of
travelling to the general assembly, and retiu*ning home,
once in every session, and no more, shall be paid by the
government, out of the public ti'easury, to every mem-
ber who shall attend as seasonably as he can, in the judg-
COMMONWEALTH OF MASSACHUSETTS. 49
ment of the house, and does not depart Mithout leave ",
is hereby annulled.
Art. XXXVI. So niueh of artiele nineteen of the Amcminicnts,
articles of amendment to the constitution of the connnon- amended.''
"Wealth as is contained in the following words : " commis-
sioners of insolvency ", is hereby annulled.
Art. XXX Vn. The governor, with the consent of Jemln officers
the council, may remove justices of the peace and notaries
l)ublic.
Art. XXXVJH. Voting machines or other mechanical ^'o""?
... ~ niacnmes may
devices tor votms; may be used at all elections under such i>euBt'dat
*■- */ elections
regulations as may be prescribed by law : provided, hoiv-
ever, that the right of secret voting shall be preserved.
Art. XXXIX. Article ten of part one of the consti- powers of the
-, T. . " lefTislitture
tution IS herebv amended by adding to it the followinir '■^''"^^^'^^othe
J rr\ 1 • ^ . 1 ' ^ u^ J? .1 taking of land,
words : — ihe legislature may by special acts tor the pur- etc., for
pose of laying out, widening or relocating highwa3^s or reiocaun^g"""
streets, authorize the taking in fee by the commonwealth, ^^s^^^^'^J'*' ^tc.
or by a county, city or town, of more land and property
than are needed for the actual construction of such hisfh-
wa}' or street : provided, however, that the land and prop- Proviso.
erty authorized to be taken are specified in the act and
are no more in extent than would be sufBcient for suit-
able building lots on both sides of such highway or street,
and after so much of the land or property has been ap-
propriated for such highway or street as is needed there-
for, may authorize the sale of the remainder for value
with or without suitable restrictions.
Art. XL. Article three of the amendments to the Amendments.
constitution is hereby amended by inserting after the ameaTd.
word "guardianship", in line two, the following: — and
persons temporarily or permanently disqualitied by law
because of corrupt practices in respect to elections.
Art. XLI. Full power and authority are hereby given Taxation of wild
and granted to the general court to prescribe for wild or °^ °^^^' ''^ *'
forest lands such methods of taxation as will develop and
conserve the forest resources of the commonwealth.
Art. XLIL Full power and authorit}^ are hereby Referendum.
given and granted to the general court to refer to the
people for their rejection or approval at the polls any act
or resolve of the general court or any pai't or parts thereof.
Such reference shall be by a majority yea and nay vote
of all members of each house present and voting. Any
act, resolve, or part thereof so referred shall be voted on
at the ree;ular state election next ensuing after such refer-
COXSTITUTION OF THE
Powers of the
legislature
relative to the
taking of land,
etc., to relieve
congestion of
population
and to provide
homes for
citizens.
Proviso.
Powers of the
legislature
relative to
imposing and
levying a tax
on income;
exemptions,
etc.
ence, shall become law if approved by a majority of the
voters voting thereon, and shall take effect at the expira-
tion of thirty days after the election at which it was ap-
proved or at such time after the expiration of the said thirty
days as may be fixed in such act, resolve or part thereof.
Art. XLIII. The general court shall have power to
authorize the commonwealth to take land and to hold,
improve, sub-divide, build upon and sell the same, for the
purpose of relieving congestion of population and providing
homes for citizens: yromded, however, that this amendment
shall not be deemed to authorize the sale of such land or
buildings at less than the cost thereof.
Art. XLIV. Full power and authority are hereby given
and granted to the general court to impose and levy a tax
on income in the manner hereinafter provided. Such tax
may be at different rates upon income derived from different
classes of property, but shall be levied at a uniform rate
throughout the commonwealth upon incomes derived from
the same class of property. The general court may tax
income not derived from property at a lower rate than income
derived from property, and may grant reasonable exemptions
and abatements. Any class of property the income from
which is taxed under the provisions of this article may be
exempted from the imposition and levying of proportional
and reasonable assessments, rates and taxes as at present
authorized by the constitution. This article shall not be
construed to limit the power of the general court to impose
and levy reasonable duties and excises.
The constitution of Massachusetts was agreed upon by delegates
of the people, in convention, begun and held at Cambridge, on the
first day of September, 1779, and continued by adjournments to
the second day of March, 1780, when the convention adjourned to
meet on the first Wednesday of the ensuing June. In the mean
time the constitution was submitted to the people, to be adopted by
them, provided two-thirds of the votes given should be in the
affirmative. When the convention assembled, it was found that
the constitution had been adopted by the requisite number of
votes, and the convention accordingly Resolved, "That the said
Constitution or Frame of Government shall take place on the last
Wednesday of October next; and not before, for any purpose,
save only for that of making elections, agreeable to this resolu-
C0:^1M0XWEALTH OF MASSACHUSETTS. 51
tion." The first legislature assembled at Boston, on the twenty-
fifth day of October, 1780.
The first nine Articles of Amendment were submitted, by dele-
gates in convention assembled, November 15, 1S20, to the people,
and by them ratified and adopted April 9, 1821.
The tenth Article was adopted by the legislatures of the polit-
ical years 1829-30 and 1830-31, respectively, and was approved
and ratified by the people May 11, 1831.
The eleventh Article was adopted by the legislatures of the
poUtical j-ears 1832 and 1833, respectively, and was approved
and ratified by the people November 11, 1833.
The twelfth Article was adopted by the legislatures of the polit-
ical years 1835 and 1836, respectively, and was approved and
ratified by the people the fourteenth day of November, 1836.
The thirteenth Article was adopted by the legislatures of the
pohtical years 1839 and 1840, respectively, and was approved
and ratified by the people the sixth day of April, 1840.
The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth,
and nineteenth Articles were adopted by the legislatures of the
poUtical years 1854 and 1855, respectively, and ratified by the
people the twenty-third day of May, 1855.
The twentieth, twenty-first, and twenty-second Articles were
adopted by the legislatures of the political years 1856 and 1857,
respectively, and ratified by the people on the first day of May,
1857.
The twenty-third Article was adopted by the legislatures of
the political years 1858 and 1859, respectively, and ratified by the
people on the ninth day of May, 1859, and was repealed by the
twenty-sixth Amendment.
The twenty-fourth and twenty-fifth Articles were adopted by
the legislatures of the political years 1859 and 1860, and ratified
by the people on the seventh day of May, 1860.
The twentj'-sixth Article was adopted by the legislatures of the
political years 1862 and 1863, and ratified by the people on the
sixth day of April, 1863.
52 CONSTITUTION OF THE
The twenty-seventh Article was adopted by the legislatures of
the political years 1876 and 1877, and was approved and ratified
by the people on the sixth day of November, 1877.
The twenty-eighth Article was adopted by the legislatures of
the political years 1880 and 1881, and was approved and ratified
by the people on the eighth day of November, 1881.
The twenty-ninth Article was adopted by the legislatures of the
political years 1884 and 1885, and was approved and ratified by
the people on the third day of November, 1885.
The thirtieth and thirty-first Articles were adopted by the legis-
latures of the political years 1889 and 1890, and were approved
and ratified by the people on the fourth day of November, 1890.
The thirty-second and thirty-third Articles were adopted by the
legislatures of the political years 1890 and 1891, and were approved
and ratified by the people on the third day of November, 1891.
The thirty-fourth Article was adopted by the legislatures of the
political years 1891 and 1892, and was approved and ratified by
the people on the eighth day of November, 1892.
The thirty-fifth Article was adopted by the legislatures of the
political years 1892 and 1893, and was approved and ratified by
the people on the seventh day of November, 1893.
The thirty-sixth Article was adopted by the legislatures of the
political years 1893 and 1894, and was approved and ratified by
the people on the sixth day of November, 1894.
The thirty-seventh Article was adopted by the legislatures of the
political years 1906 and 1907, and was approved and ratified by
the people on the fifth day of November, 1907.
The thirty-eighth Article was adopted by the legislatures of the
pohtical years 1909 and 1910, and was approved and ratified by
the people on the seventh day of November, 1911.
The thirty-ninth Article was adopted by the legislatures of the
political years 1910 and 1911, and was approved and ratified by
the people on the seventh day of November, 1911.
COMMONWEALTH OF MASSACHUSETTS. 53
The forty and forty-first Articles were adopted by the legis-
latures of the pohtical years 1911 and 1912, and were approved
and ratified by the people on the fifth day of November, 1912.
The forty-second Article was adopted by the legislatures of the
pohtical years 1912 and 1913, and was approved and ratified by
the people on the fourth day of November, 1913.
The forty-third and forty-fourth Articles were adopted by the
legislatures of the political years 1914 and 1915, and were ap- '
proved and ratified by the people on the second day of Novem-
ber, 1915.
[A proposed Article of Amendment prohibiting the manufacture
and sale of Intoxicating Liquor as a beverage, adopted by the legis-
latures of the political years 1888 and 1889, was rejected by the
people on the twenty-second day of April, 1889.]
[Proposed Articles of Amendment, (1) Establishing biennial
elections of state oflftcers, and (2) EstabUshing biennial elections
of members of the General Court, adopted by the legislatures of the
pohtical years 1895 and 1896, were rejected by the people at the
annual election held on the third day of November, 1896.]
[A proposed Article of Amendment to make Women eligible to
appointment as Notaries Public, adopted by the legislatures of the
pohtical years 1912 and 1913, was rejected by the people on the
fourth day of November, 1913.]
[A proposed Article of Amendment enabling Women to vote,
adopted by the legislatures of the pohtical years 1914 and 1915,
was rejected by the people on the second day of November, 1915.]
INDEX TO THE CONSTITUTION.
INDEX TO THE CONSTITUTION.
A.
Page
50
49
Abatements, exemptions, etc., from tax on income, may be granted
by general court, . ......
Acts and resolves of the general court, provision for submission of,
to the people on referendum, ......
Address of both houses of the legislature, judicial officers may be
removed by governor with consent of council upon, . . 26
Adjutant-general, appointed by the governor, .... 22
Adjutants, to be appointed by commanding officers of regiments, . 22
Affirmations, instead of the required oaths, may be made by
Quakers, 30, 31, 36
Agriculture, arts, commerce, etc., to be encouraged, ... 29
Alimony, divorce, etc., . . . . . . . .27
Amendment to the constitution, proposed in the general court,
agreed to by a majority of senators and two-thirds of
house present and voting thereon by yeas and nays; en-
tered upon the journals of both houses, and referred to
the next general court; if the next general court agrees
to the proposition in the same manner, and to the same
effect, it shall be submitted to the people, and, if approved
by them by a majority vote, becomes a part of the con-
stitution, ......... 36, 37
Apportionment of councillors, . . . . . . 24, 41, 42
state to be divided into eight districts, ..... 42
Apportionment of senators, ...... 13, 40, 46
on basis of legal voters, and state to be divided into forty
districts, ......... 46
Apportionment of representatives, .... 16, 39, 40, 44
to the several counties, made on the basis of legal voters, 44
Armies, dangerous to liberty, and not to be maintained without
consent of the legislature, ...... 8
Arms, right of people to keep and to bear, for public defence, . 8
Arrest, members of house of representatives exempted from, on
mesne process, while going to, returning from, or attend-
ing the general assembly, ...... 18
Arrest, search and seizure, right of, regulated, .... 7
warrant to contain special designation, ..... 7
Attorney-general, to be chosen by the people annually in Novem-
ber, 21, 43
to hold office for one year from third Wednesday in January
next thereafter, and until another is chosen and qualified, 43
[57]
58 INDEX TO THE CONSTITUTION.
Page
Attorney-general, election determined by legislature, ... 43
in failure of election by the voters, or in case of decease of
person elected, vacancy to be filled by joint ballot of legis-
lature from the two persons having the highest number
of votes, at November election, ..... 43
vacancy occurring during session of the legislature, filled by
joint ballot of legislature from the people at large, . 43
vacancy occurring during recess of legislature, filled by gov-
ernor by appointment, with consent of council, . 43
not eligible, unless an inhabitant of the state for five years
next preceding election or appointment, .... 43
office to be deemed vacant if person elected or appointed fails
to be qualified within ten days, ..... 43
Attorneys, district, elected by the people of the several districts, . 44
Auditor, to be chosen by the people annually in November, . . 43
to hold office for ons year from third Wednesday in January
next thereafter, and until another is chosen and qualified, 43
election determined by legislature, ..... 43
vacancy filled in same manner as in office of attorney-general, 43
not eligible, unless an inhabitant of the state for five years
next preceding election, . . . . . •. 43
office to be deemed vacant if person elected or appointed fails
to be qualified within ten days, ..... 43
B.
Bail or sureties, excessive, not to be required, .... 9
Bills, money, to originate in the house of representatives, . . 17
Bills and resolves, to be laid before governor for revisal, . . 10
to have force of law if signed by governor, . . . . 10
if objected to by governor in writing, to be returned to
branch in which originated, and may be passed by two
thirds of each branch present and voting thereon by yeas
and nays, ......... 10
if not returned by governor within five days after presenta-
tion, to have force of law, unless the legislature adjourns
before that time expires, . . . . . . 11, 34
provision for submission of, to the people on referendum, . 49
Boards, public, to make quarterly reports to the governor, . . 22
Body poHtic, formation and nature of, ..... 3
title of: The Commonwealth of Massachusetts, ... 10
Bribery or corruption used in procuring an appointment or elec-
tion, to disqualify from holding any office of trust, etc., . 32
INDEX TO THE CONSTITUTION. 59
c.
Page
Census of ratable polls, . ' . . . . . . .38
of inhabitants, 40, 44, 45
of inhabitants and legal voters taken in the year 1865, and
every tenth year thereafter, . . . . . . 44, 46
enumeration of voters to determine the apportionment of
representatives, ........ 44
Cities, may be chartered by the general court, if containing twelve
thousand inhabitants and consented to by a majority
thereof, ......... 34
Citizens, homes for, general court empowered to take land for re-
lieving congestion of population and providing, . . 50
Civil officers, meeting for election to be held annually on the Tues-
day next after the first Monday in November, . . 41
whose election is provided for by the constitution to be
elected by a plurality of votes, . . . . .41
Clerks of courts, elected by the people of the several counties, . 44
Clerks of towns, to make records and returns of elections, . . 13
Colonial laws, not repugnant to the constitution, continued in
force, .......... 32
Commander-in-chief, governor to be, . . . . .20
Commerce, agriculture and the arts, to be encouraged, ... 29
Commissary-general, appointed and commissioned as fixed by law, 25, 35
Commission officers, tenure of office to be expressed in commissions, 26
Commissioners of insolvency, elected by the people of the several
counties; annulled, ....... 44, 49
Commissions, to be in the name of the commonwealth, signed by
governor, attested by the secretary, and have the great
seal affixed, ........ 32
Congestion of population, etc., general court empowered to au-
thorize the taking of land for relieving, .... 50
Congress, delegates to, ........ 27
members of, may not hold certain state offices, ... 36
Constitution, amendment to, proposed in the general court, agreed
to by a majority of senators and two-thirds of the house
present and voting thereon by yeas and nays; entered
upon the journals of both houses, and referred to the next
general court; if the next general court agrees to the
proposition in the same manner and to the same efTect, it
shall be submitted to the people, and, if approved bj' them
by a majority vote, becomes a part of the constitution, . 36, 37
Constitution, provisions for revising, ...... 33, 36
to be enrolled on parchment, deposited in secretary's office,
and printed in all editions of the laws, .... 34
Coroners, ........... 21
Corrupt practices, in elections, relative to the right to vote by per-
sons disquaUfied by reason of, ..... 49
60
INDEX TO THE COXSTITUTIOX,
Corruption or bribery used in procuring any appointment or elec-
tion, to disqualify from holding any office of trust, etc.,
Council, five members to constitute a quorum,
eight councillors to be elected annually,
election to be determined by rule required in that of gov-
ernor, ..........
to take oath of office before the president of the senate in
presence of both houses of assembly, • .
to rank next after the lieutenant governor, .
resolutions and advice to be recorded in a register, and signed
by the members present, .....
register of council may be called for by either house,
to exercise the power of governor when office of governor
and lieutenant governor is vacant,
Council, no property quahfication required, ....
eight districts to be formed, each composed of five contiguous
senatorial districts, ......
eUgible to election if an inhabitant of state for five years pre-
ceding election, .......
term of office, ........
vacancy to be filled by election of a resident of the district by
concurrent vote of the senate and house; if legislature is
not in session, to be filled by governor with advice of
council, .........
Court, superior, judges not to hold certain other offices.
Court, supreme judicial, judges to have honorable salaries fixed
by standing laws, and to hold office during good be-
havior, .........
judges not to hold certain other offices, . . . . .
to give opinions upon important questions of law, etc., when
required by either branch of the legislature or by the
governor and council, ......
Courts, clerks of, elected by the people of the several counties,
Courts, probate, provisions for holding, ....
registers elected by the people of the several counties,
Courts and judicatories may be established by the general court,
may administer oaths or affirmations, ....
Crimes and offences, prosecutions for, regulated, .
Crimes to be proved in the vicinity of where they happen,
Page
32
24
24, 42
42
29
25
25
25
25
41
42
42
37
47
36
9, 23
36
26
44
26
44
11
11
7
7
D.
Debate, freedom of, in the legislature, . . . . . 8
Declaration of the rights of the inhabitants, .... 4
Declaration and oaths of officers; tests aboHshed, . . 29, 35, 36
Delegates to congress, ........ 27
Departments, legislative, executive and judicial, to be kept separate, 9
INDEX TO THE CONSTITUTION.
Gl
District attorneys, elected by the people of the several districts,
Districts, councillor, eight, each to be composed of five contiguous
senatorial districts, .......
Districts, senatorial, forty, to be of adjacent territory, and to con-
tain as near as may be an equal number of voters, .
Districts, representative, to be established by commissioners in the
several counties, ........
Divorce, alimony, etc., ........
Duties and excises, power of general court to impose and levy
reasonable, not to be limited, etc., .....
E.
Educational interests to be cherished, .....
Election, state, referendum on acts and resolves of the general
court at, ........ .
Election of civil officers, meeting to be. held annually on the first
Tuesday next after the first Monday in November,
in case of failure to elect representative, meeting to be held
on fourth Monday in November,
Election returns, .....
Elections ought to be free, ....
Elections, by the people, of civil officers provided for by the consti-
tution, to be by plurality of votes, .
voting machines may be used at, .
Enacting style of laws, estabUshed,
Equality and natural rights of all men.
Estates, valuation to be taken anew once at least every ten years, .
Excises and duties, power of general court to impose and levy
reasonable, not to be limited, etc.,
Executive department, not to exercise legislative or judicial powers.
Exemptions, etc., from tax on income may be granted by general
court, ..........
Ex post facto laws, declared unjust and oppressive,
Page
44
42
46
39,45
27
50
29
49
41
41,42
13,42
41
49
33
4
12
50
9
50
9
F.
Felony and treason, no subject to be declared guilty of, by the legis-
lature, .....
Fines, excessive, not to be imposed.
Forest lands, taxation of, .
Frame of government, ....
Freedom of speech and debate in the legislature.
Freehold, possession of, not required as qualification for seat in the
general court or council, ......
possession of, by governor, provision requiring, annulled,
Fundamental principles of the constitution, a frequent recurrence
to, recommended, .......
9
9
49
10
41
48
62 INDEX TO THE CONSTITUTION.
G.
Page
General court, to assemble frequently for redress of grievances, and
for making laws, . . . . . . . .8
freedom of speech and debate in, ..... . 8
not to declare any subject to be guilty of treason or felony, . 9
formed by two branches, a senate and house of representa-
tives, each having a negative on the other, . . 10
to assemble every year on the first Wednesday of January, at
such other times as they shall judge necessary, and when-
ever called by the governor, with the advice of council, 10, 19, 37
may constitute and erect judicatories and courts, . . . 11
may make wholesome and reasonable laws and ordinances not
repugnant to the constitution, . . .11
may provide for the election or appointment of officers, and
prescribe their duties, . . . . . . .11
may impose taxes, etc., to be used for the public service, 12, 49, 50
to be dissolved on the day next preceding the first Wednes-
day of January, . . . . . . 20, 37
travelhng expenses of members; provision annulled, . . 16, 48
may be adjourned or prorogued, upon its request, by the gov-
ernor with advice of council, ...... 19
session may be directed by governor, with advice of council,
to be held in other than the usual place in case of an
infectious distemper prevailing, . . . . . 19, 20
judicial officers may be removed upon address of, . . . 26
person convicted of bribery, not to hold seat in, . . . 32
may increase property qualifications of persons to be elected
to office, . . . . . . . . .32
certain officers not to have seats in, . . . . .31
may be prorogued by governor and council for ninety days, if
houses disagree, etc., ....... 20
to elect major generals by concurrent vote, .... 21
empowered to charter cities, ....... 34
to determine election of governor, lieutenant governor and
councillors, ......... 41, 42
to prescribe by law for election of sheriffs, registers of probate
and commissioners of insolvency by the people of the coun-
ties, and district attorneys by the people of the districts, 44
quorum, to consist of a majority of members, ... 48
powers of, relative to the taking pf land, etc., for widening or
relocating highways or streets, ..... 49
provision for submission of bills and resolves of, to the people
on referendum, ........ 49
powers of, relative to the taking of land, etc., to relieve con-
gestion of population and to provide homes for citizens, 50
INDEX TO THE CONSTITUTION.
63
Page
Government, objects of, . . . . . . . 3, 5, 6
Government by the people, as a free, sovereign and independent state, 5
Governor, the supreme executive magistrate, styled, — The Gov-
ernor of the Commonwealth of Massachusetts; with the
title of, — His Excellency; elected annually, ... 18
qualifications, . . . . . . . , 18, 36, 48
term of office, ......... 37
should have an honorable stated salary, .... 23
the commander-in-chief, of the army and navy, but may not
obUge them to go out of the hmits of the state, . . 20, 21
to appoint the adjutant general, ...... 22
may call together the councillors at any time, ... 19
not to hold certain other offices, ...... 31
to take oaths of office before president of the senate in pres-
ence of the two houses of assembly, . . . .31
to sign all commissions, ....... 32
election determined by the legislature, . . . . . 42, 43
veto power, ......... 10
vacancy in office of, powers to be exercised by the heutenant
governor, ......... 24
vacancy in office of governor and lieutenant governor, powers
to be exercised by the council, .....* 25
with advice of council, may adjourn or prorogue the legisla-
ture upon request, and convene the same, ... 19
may adjourn or prorogue the legislature for not exceeding
ninety days when houses disagree, or may direct session
to be held in other than the usual place in case of an in-
fectious distemper prevailing, ..... 19
to appoint all judicial officers, notaries public and coroners;
nominations to be made at least seven days before ap-
pointment, . . . . . . . . 21, 35
to appoint officers of the continental army, .... 22
may pardon offences, but not before conviction, ... 21
may fill vacancy in council occurring when legislature is not
in session, ......... 47
with consent of council, may remove judicial officers, upon
the address of both houses of the legislature, ... 26
Governor and council, to examine election returns, . . .14, 42
may punish persons guilty of disrespect, etc., by imprison-
ment not exceeding thirty days, . . . . . 17, 18
quorum to consist of governor and at least five members of
the council, ......... 19
may require the attendance of the secretary of the common-
wealth in person or by deputy, ..... 26
64 INDEX TO THE CONSTITUTION.
H.
Page
Habeas corpus, privilege of writ to be enjoyed in the most ample
manner, and not to be suspended by legislature except
upon most urgent occasions, ...... 32
Harvard College, powers and privileges, gifts, grants and convey-
ances confirmed, ........ 27, 28
board of overseers established, but the government of the
college may be altered by legislature, .... 28
officers may be elected members of the general court, . . 47
Hereditary offices and privileges, absurd and unnatural, . . 5, 6
Highways, etc., taking of land for widening or relocating, powers of
the legislature concerning, ...... 49
Homes for citizens, general court given power to take land for re-
lieving congestion of population and providing, . 50
House of representatives, members may be instructed by the people, 8
a representation of the people annually elected and founded
upon the principle of equality, ..... 16
may impose fines upon towns not choosing members, . . 16
expense of travel once every session each way, to be paid by
the government; provision annulled, . . ■ . . 16, 48
to enter objections made by governor to a bill or resolve at
large upon records, ....... 10
quahfications of members, . . . . . . 17, 41, 45
must be an inhabitant of district for one year preceding elec-
tion, and shall cease to be a member when ceasing to be
an inhabitant of the state, ...... 45
members not to be arrested on mesne process during going
to, return from, or attending the general assem,bly, . . 18
the grand inquest of the commonwealth, .... 17
to originate all money bills, but the senate may propose or
concur with amendments, ...... 17
not to adjourn more than two days at a time, ... 17
quorum of, ........ 17, 45, 48
to choose officers, establish its rules, etc., .... 17
may punish by imprisonment, not exceeding thirty days, per-
sons guilty of disrespect, etc.; trial may be by committee, 17, 18
privileges of members, ....... 18
may require the attendance of secretary of the commonwealth
in person or by deputy, ...... 26
may require the opinions of the justices of the supreme judi-
cial court upon important questions of law, and upon
solemn occasions, ........ 26
meeting for election to be held on the Tuesday next after the
first Monday of November, . . .41
in case of failure to elect, meeting to be held on the fourth
Monday of November, . . . . . . . 41, 42
INDEX TO THE CONSTITUTION. 65
Page
House of representatives, to consist of two hundred and forty mem-
bers, apportioned to the several counties equally, accord-
ing to relative number of legal voters, .... 44
commissioners to divide counties into representative districts
of contiguous territory, but no town or ward of a city to
be divided, ......... 45
no district entitled to elect more than three representatives, . 45
board authorized to divide county into districts, to be certi-
fied to by the secretary, the number of representatives to
which the county is entitled, ..... 45
I.
Impeachments, by the house of representatives, to be tried by the
senate; limitation of sentence; party convicted hable to
indictment, . . . . . . 15, 16
Income, tax on, general court may impqpe and levy, etc., . . 50
Incompatible offices, . . . . . . . . . 31, 36
"Inhabitant," the word defined, ....... 13
Inhabitants, census to be taken in 1865, and every tenth year there-
after, 38, 40, 44, 45
Insolvency, commissioners of, elected by the people of the several
counties; annulled, . . . . . . . 44, 49
Instruction of representatives, ....... 8
J.
Judges of courts may not hold certain other offices, . . .31, 36
Judges of the supreme judicial court, to hold office during good
behavior, and to have honorable salaries established by
standing laws, . . . . . . . 9, 23, 26
to give opinions upon important questions of law, etc., when
required by the governor and council, or either branch of
legislature, ......... 26
not to hold certain other offices, . . . . . .31
Judicatories and courts, may be established by the general court, . 11
may administer oaths or affirmations, . . . . .11
Judicial department, not to exercise legislative or executive powers, 9
Judicial officers, appointed by the governor with consent of council;
nominations to be made seven days prior to appointment, 21
to hold office during good behavior, except when otherwise
provided by the constitution, ..... 26
may be removed from office by the governor, upon the address
of both houses of the legislature, ..... 26
Jury, trial by, right secured, ....... 7
Justices of the peace, commissions to expire in seven years from
date of appointment, but may be renewed, ... 26
removal of, from office, . . . . . .49
66 INDEX TO THE CONSTITUTION.
L.
Land, etc., taking of, for widening or relocating highways, etc., . 49
for relieving congestion of population and providing homes for
citizens, ......... 50
Law-martial, only those employed in the army and navy, and the
militia in actual service, subject to, except by authority
of the legislature, ........ 9
Laws, every person to have remedy in, for injury to person or
property, ......... 6
power of suspension or execution of, only in the legislature, . 8
ex post facto, prohibited as unjust and inconsistent with free
government, ........ 9
of province, colony and state, not repugnant to the constitu-
tion, continued in force, ...... 32
Legislative power, . . . . . . . 9, 49
Legislative department, not to exercise executive or judicial powers, 9
Legislature (see General Court).
Liberty of the press, essential to the security of freedom, . . 8
Lieutenant governor, to be annually elected in November, — title
of. His Honor; who shall be qualified same as gov-
ernor, . 23, 37, 41, 48
in the absence of governor, to be president of the council, . 24
to be acting governor when the chair of the governor is vacant, . 24
to take oath of office before president of the senate in pres-
ence of both houses, . . . . . . .31
not to hold certain other offices, ...... 31
term of office, ......... 37
Literature and the sciences to be encouraged, .... 29
M.
Magistrates and officers, accountable to the people, . . . 5
Magistrates and courts, not to demand excessive bail, impose ex-
cessive fines, or inflict cruel punishments, ... 9
Major generals, elected by senate and house of representatives by
concurrent vote, . . . . . . . .21
may appoint their aids, ....... 22
Marriage, divorce and alimony, ....... 27
Martial law, only those employed in the army and navy, and the
mihtia in actual service, subject to, except by authority
of legislature, ........ 9
Military power, subordinate to civil authority, .... 8
Mihtia, not to be obhged by commander-in-chief to march out of
the hmits of the state, . . . . . . .21
captains and subalterns, elected by the train-bands, . . 21, 35
all members of companies may vote, including minors, . . 35
INDEX TO THE CONSTITUTION.
67
Militia, field officers, elected by captains and subalterns,
brigadiers, elected by field officers, ....
major generals, elected by senate and house of representatives
by concurrent vote, ......
mode of election of officers to be fixed by standing laws, .
if electors refuse to elect, governor with advice of council
may appoint officers, ......
officers commissioned to command may be removed as may
be prescribed by law, ......
appointment of stafT officers, .....
organization; divisions, brigades, regiments and companies,
Money, issued from treasury by warrant of governor, etc.,
mentioned in the constitution, to be computed in silver at six
shillings and eight pence per ounce,
Money bills, to originate in house of representatives.
Moneys, raised or appropriated for public or common schools, not
to be apphed for support of sectarian schools, .
Moral obligations of lawgivers and magistrates.
Moral qualifications for office, ......
21
21
21
21
22
22,35
22
22
22
32
17
43
8
8
N.
Notaries public, to be appointed by governor with advice of coun-
cil, 25, 35
how removed, . . . . . . . . . 35, 49
o.
Oaths and affirmations, may be administered by courts and judica-
tories, . . . . . . . . . .11
how and by whom taken and subscribed, . . 29, 30, 31, 35
forms of, 29, 30, 35
Quakers may affirm, .......
to be taken by all civil and military officers, .
Objects of government, .......
Offences and crimes, prosecutions for, regulated, .
Office of trust, person convicted of briberj% etc., not to hold, .
Office, rotation in, right secured, .....
all persons having the prescribed qualifications equally eh'
gible to, ....... .
no person eligible to, unless they can read and write.
Officers, civil, legislature may provide for the naming and settling
of,
Officers, commission, tenure of office to be expressed in commis
sions, .........
Officers, judicial, to bold office during good behavior, except, etc.,
may be removed by governor, with consent of council, upon
the address of both houses of the legislature, .
30,36
35
3,6
7
32
6
44
11
26
26
26
68
INDEX TO THE CONSTITUTION.
Page
OflBcers of former government, continued, ..... 33
Officers of the militia, election and appointment of, . . . 21
removal of, ......... 22, 35
Officers and magistrates, accountable to the people, ... 5
Offices, plurality of, prohibited to governor, lieutenant governor
and judges, . . . . . . . . 31, 36
incompatible, ........ 31, 32, 36
Organization of the militia, ....... 22
P.
Pardon of ofifences, governor with advice of council may grant, but
not before conviction, .......
People, to have the sole right to govern themselves as a free, sover-
eign and independent state, .....
have a right to keep and to bear arms for the public defence
have a right to assemble to consult upon the common good, to
instruct their representatives, and to petition legislature.
Person and property, remedy for injuries to, should be in the laws
Petition, right of, ....... .
Plantations, unincorporated, tax-paying inhabitants may vote for
councillors and senators, .....
PluraUty of offices, ...;....
of votes, election of civil officers by, ....
Political year, begins on the first Wednesday of January,
Polls, ratable, census of, . . .....
Population, congestion of, etc., general court empowered to au'
thorize the taking of land for relieving, .
Preamble to constitution, .......
Press, Uberty of, essential to the security of freedom,
Private property taken for public uses, compensation to be made
for, .........
Probate courts, provisions for holding, ....
registers, elected by the people of the several counties,
judges may not hold certain other offices,
Property, income derived from various classes of, rates upon, how
levied, ........
Property qualification, may be increased by the legislature, .
partially abolished, .......
of governor, annulled, .......
Prosecutions for crimes and ofifences regulated.
Provincial laws, not repugnant to the constitution, continued
force, .........
Public boards and certain officers to make quarterly reports to the
governor, ........
Public notary (see Notary public).
21
14
31
41
37
38
50
3
8
26
21,44
36
50
32
41
48
7
32
22
INDEX TO THE CONSTITUTION. 69
Page
Public officers, right of people to secure rotation, .... 6
all persons having the prescribed qualifications equally eli-
gible, .......... 6
Pubhc religious worship, right and duty of, .... . 4
Punishments, cruel and unusual, not to be inflicted, ... 9
Q.
Quakers, may make affirmation, . . . . . . . 30, 36
Qualification of persons to be elected to office may be increased by
the legislature, ........ 32
Qualification, property, of governor, abolished, .... 48
Qualification, property, partially abohshed, ..... 41
Qualifications, of a voter, . . . .13, 17, 34, 44, 46, 47, 48, 49
of governor,
of lieutenant governor,
of councillors,
of senators,
of representatives,
of secretary, treasurer, auditor, and attorney-general.
Qualifications, moral, of officers and magistrates, .
Quartermasters, appointed by commanding officers of regiments.
Quorum, of council, ........
of senate, .........
of house of representatives, ......
R.
Ratable polls, census of, . . .
Rates, tax, upon income, how levied, ....
Reading and writing, knowledge of, necessary qualifications for
voting or holding office, ...... 44
Records of the commonwealth to be kept in the office of the secre-
tary, .......... 26
Referendum, on acts and resolves of the general court, provision
for submission to the people to accept or reject, . . 49
Register of the council, resolutions and advice to be recorded in,
and signed by members present, .....
Registers of probate, chosen by the people of the several counties, .
Religious denominations, equal protection secured to all,
ReUgious sect or denomination, no subordination of one to another
to be estabUshed by law, .......
Religious societies, may elect their own pastors or religious teachers,
membership of, defined, .......
ReUgious worship, public, right and duty of, and protection therein,
support of the ministry, and erection and repair of houses of
worship, ......... 4,
Remedies by recourse to the law, to be free, complete and prompt,
18,
43,
48
23,
43,
48
41,
43
15,
40,
46
16,
41,
45
43
8
22
19,
24,
42
16,
46,
48
17,
45
48
38
50
25
21
44
5
38
5,
38
5,
38
38
4
,5,
38
6
70 INDEX TO THE CONSTITUTION.
Representatives (see House of representatives).
Resolves (see Bills and resolves).
Returns of votes, 13, 19, 42, 43
Revision of constitution provided for in the year 1795, ... 33
Rights, declaration of, ....... . 4
s.
Sailors and soldiers, who have served, etc., during time of war, not
disqualified from voting on account of non-payment of
poll tax, ......... 48
Salary, a stated and honorable salary to be established for the
governor, ......... 23
permanent and honorable salaries to be established for the
justices of the supreme judicial court, and to be enlarged
if not sufficient, . . . . . 9, 23
Sale of land or buildings to provide homes for citizens, etc., . . 50
School moneys, not to be appropriated for sectarian schools, . . 44
Seal, great, of the commonwealth to be affixed to all commissions, . 32
Search, seizure and arrest, right of, regulated, .... 7
Secretary of the commonwealth, to be chosen by the people annually
in November, . . . . . . 25, 43
to hold office for one year from third Wednesday in January
next thereafter, and until another is chosen and qualified, 43
manner of election, etc., same as governor, .... 43
in failure of election by voters, or in case of decease of person
elected, vacancy to be filled by joint ballot of legislature,
from the two persons having the highest number of votes
at November election, ....... 43
vacancy occurring during session of the legislature, filled by
joint ballot of the legislature from the people at large, . 43
vacancy occurring when legislature is not in session, to be
filled by governor, by appointment, with advice and con-
sent of council, ........ 35, 43
not eligible, unless an inhabitant of the state for five years
next preceding election or appointment, .... 43
office to be deemed vacant if person elected or appointed fails
to be quaUfied within ten days, ..... 43
records of commonwealth to be kept in office of, . . . 26
may appoint deputies, for whose conduct he shall be account-
able, . . . • 26
to attend governor and council, senate and house, in person or
by deputies, as they shall require, ..... 26
to attest all commissions, ..... . . 32
to certify to board authorized to divide county into districts,
the number of representatives to which the county is
entitled, 45
Sectarian schools, not to be maintained at public expense, 44
Selectmen, to preside at town meetings, elections, etc., . . 13
INDEX TO THE CONSTITUTION. 71
Page
Self-government, right of, asserted, ...... 5
Senate, the first branch of the legislature, . . . . . 10, 13
to consist of forty members, apportionment, etc., . . 12, 39, 46
to be chosen annually, ....... 13
governor and at least five councillors, to examine and count
votes, and issue summonses to members, ... 14
to be final judges of elections, returns and qualifications of
their own members, ....... 14
vacancy to be filled by election, by people of the district, upon
order of majority of senators elected, . . . . 15, 46
qualifications of a senator, . . . . . . 15, 41
not to adjourn more than two days at a time, ... 15
to choose its officers and estabhsh rules, . . ... 15
shall try all impeachments, . . . . . . . 15, 17
quorum of, 16, 46, 48
may punish for certain ofi'ences; trial may be by committee, . 18
may require the attendance of the secretary of the common-
wealth in person or by deputy, ..... 26
may require the opinions of the justices of the supreme judicial
court upon important questions of law, and upon solemn
occasions, ......... 23
to enter objections, made by governor to passage of a bill or
resolve, at large on records, . . ' . . . . 10
districts, forty in number, to be of adjacent territory, and to
contain, as near as may be, an equal number of voters, . 46
apportionment based upon legal voters, . . . .46
Sheriffs, elected by the people of the several counties, . . .21, 44
Silver, value of money mentioned in the constitution to be computed
in silver at six shillings and eight pence per ounce, . . 32
Soldier, not to be quartered in any house, in time of peace, without
consent of owner, ....... 9
Soldiers and sailors, who have served in time of war, etc., not dis-
qualified from voting on account of non-payment of poll tax, 48
Solicitor-general, ......... 21
Standing armies, dangerous to liberty and not to be maintained
without consent of the legislature, ..... 8
State election, referendum on acts and resolves of the general court at 49
State or body poUtic, entitled, — The Commonwealth of Massachu-
setts, .......... 10
Streets, etc., taking of land for widening or relocating, powers of the
legislature concerning, ....... 49
Supreme judicial court, judges to have honorable salaries fixed by
standing laws, and to hold office during good behavior, . 9, 23
to give opinions upon important questions of law, etc., when
required by either branch of the legislature or by the gov-
ernor and council, ....... 26
not to hold certain other ofiices, . . . . . . 31, 36
Sureties of bail, excessive, not to be required, .... 9
12
26
36
10
18
23
13
13
72 INDEX TO THE CONSTITUTION.
T.
Page
Tax on income, general court may impose and levy, ... 50
Taxation should be founded on consent, . . . . . 6, 8
Taxes, not to be levied without the consent of the people or their
representatives, ........ 8
may be imposed by the legislature, . . . -12, 49, 50
valuation of estates, to be taken anew once at least every ten
years, ..........
Tenure that all commission officers shall by law have in their offices,
shall be expressed in their commissions, .
Tests abolished, ........
Title of body politic, — The Commonwealth of Massachusetts,
Title of governor to be, — His Excellency, ....
Title of lieutenant governor to be, — His Honor, .
Town clerk, to make record and return of elections.
Town meetings, selectmen to preside at, ... .
TowTi representation in the legislature, . . . .16, 39, 40
Towns, voting precincts in, ....... 47
Travelling expenses of members, to general assembly and re-
turning home, once in every session, to be paid by the
government, ........ 16
Tfeason and felony, no subject to be declared guilty of, by the
legislature, ......... 9
Treasurer and receiver general, to be chosen by the people an-
nually in November, . . . . 25, 26, 43
to hold office for one year from third Wednesday in January
next thereafter, and until another is chosen and qualified, 43
manner of election, etc., same as governor, .... 43
not eligible, unless an inhabitant of the state for five years
next preceding election or appointment, .... 43
no man eligible more than five years successively, . . .25, 26
in failure of election by voters, or in case of decease of person
elected, vacancy to be filled by joint ballot of legislature
from the two persons having the highest number of votes
at November election, ....... 43
vacancy occurring during session of the legislature, filled by
joint ballot of the legislature from the people at large, . 43
vacancy occurring when legislature is not in session, to be
filled by governor, by appointment, with advice and con-
sent of the council, . . . . . 35, 43
office to be deemed vacant if person elected or appointed fails
to be qualified within ten days, ..... 43
Treasury, no moneys to be issued from, but upon the warrant of
governor, except, etc., .......
Trial by jury, right to, secured, ....... 7
guaranteed in criminal cases, except in army and navy, . . 7
oo
INDEX TO THE CONSTITUTION. 73
U.
Page
Uniform rate of tax, on incomes derived from same class of property,
to be levied throughout the commonwealth, etc., . 50
University at Cambridge, . . . . . . . 27, 28, 47
V.
Vacancy in office of governor, powers to be exercised by lieutenant
governor, ......... 24
Vacancy in offices of governor and lieutenant governor, powers
to be exercised by the council, ..... 25
Vacancy in the council, to be filled by the election of a resident of
the district by , concurrent vote of the senate and house;
if legislature is not in session, to be filled by governor
with advice of the council, . . . . . . 42, 47
Vacancy in the senate, to be filled by election by the people upon
the order of a majority of senators elected, . .15, 46
Vacancy in office of secretary, treasurer, auditor and attorney-
general, caused by decease of person elected, or failure to
elect, filled by joint ballot of legislature from the two persons
having highest number of votes at November election, . 43
occurring during session of legislature, filled by joint ballot
of legislature from people at large, ..... 43
occurring when legislature is not in session, to be filled by
governor, by appointment, with advice of council, . . 35, 43
Vacancy in mihtia office, filled by governor and council, if electors
neglect or refuse to make election, . . . 21, 22
Valuation of estates, to be taken anew once in every ten years at
least, 12
Veto power of the governor, ....... 10
Voters, qualifications of, at elections for governor, lieutenant gov-
ernor, senators, and representatives, 13, 17, 34, 44, 46, 47, 48, 49
not disqualified on account of non-payment of poll tax if they
have served in the army or navy in time of war, etc., . 48
male citizens, twenty-one years of age, who have resided in
the state one year, and within the town or district six
months, who have paid a state or county tax within two
years next preceding the election of state officers, and
such as are exempted by law from taxation, but in other
respects qualified, and who can write their names and
read the constitution in the English language, . . 17, 34, 44
the basis upon which the apportionment of representatives
to the several counties is made, ..... 44
basis of apportionment of senators, ..... 46
census of, to be taken in 1865, and every tenth year after, . 44, 46
referendum to, on acts and resolves of the general court, 49
74 INDEX TO THE CONSTITUTION.
Page
Votes, returns of, 13, 19 42, 43
plurality of, to elect civil officers, . . .41
Voting machines may be used at elections, ..... 49
Voting precincts in towns, ........ 47
w.
Wild or forest lands, taxation of, . . . . .49
Worship, public, the right and duty of all men, .... 4
Writ of habeas corpus, to be enjoyed in the most free, easy, cheap
and expeditious manner, and not to be suspended by
legislature, except for a limited time, .... 32
Writing and reading, necessary qualifications for voting, or hold-
ing office, ......... 44
Writs, to be issued in the name of the commonwealth under the
seal of the court, bear test of the first justice, and be
signed by the clerk, ....... 32
Y.
Year, political, begins on the first Wednesday of January, . . 37
GENERAL ACTS
MASSACHUSETTS.
1916
I^" The General Court of the year nineteen hundred and sixteen assembled
on Wednesday, the fifth day of January. The oaths of office were taken and
subscribed by His Excellency Samuel W, McCall and His Honor Calvin
CooLiDGE, on Thursday, the sixth day of January, in the presence of the two
Houses assembled in convention.
GENERAL ACTS.
An Act relative to the second corps of cadets and Chav 1
TO THE field ARTILLERY OF THE MILITIA.
Be it enacted by the Senate and Hmise of Representatives in
General Court assembled, and by the authority of the same,
as folloios:
Section 1. Chapter six hundred and four of the acts of i^^- ^^i § ^^'
1 • 111 I'l'ii 111 amended.
the year nineteen hundred and eight is hereby amended by
striking out section nineteen and inserting in place thereof
the following: — Section 19. To the first corps of cadets First corps of
there shall be one lieutenant colonel, one major, and a staff equipmentr"'
as provided for a battalion «of infantry; and there shall be ^^'^'
such number of line officers, not exceeding four captains,
four first lieutenants and four second lieutenants, and of
non-commissioned staff' officers and non-commissioned
officers, musicians and privates, as the commander-in-chief
shall deem expedient. The first corps of cadets shall be
instructed, armed and equipped as the commander-in-chief
shall direct, and shall receive the same compensation and
allowances as a separate battalion of infantry. It shall
remain unattached, subject only to the orders of the com-
mander-in-chief, except as provided in section one hundred
and forty-two.
The second corps of cadets shall be organized and equipped Second corps
as a battalion of field artillery with a commanding officer jzed as battai-
of the rank of major and battalion staff and three batteries artillery.
of field artillery, and with the present first battalion of field
artillery shall be attached to a regiment of field artillery.
The second corps of cadets shall retain its name; it shall
retain the right to elect its major and its line officers as
provided by law for a corps of cadets; it shall retain the
right to own and wear in place of such full dress uniform as
may be prescribed by orders or regulations for the militia
a full dress uniform of special design such as may be by it
adopted and approved by the commander-in-chief. The
4 General Acts, 1916. — Chaps. 2, 3.
headquarters and several batteries of the second corps of
cadets shall receive the pay and allowances prescribed by
law to be paid to battalion headquarters and to batteries
of field artillery or to the respective commanding officers
thereof. The battery commanders shall act as recruiting
and mustering officers for their respective batteries and
shall be accountable for the property thereof,
fclfcmefy Section 2. The commander-in-chief is hereby author-
ised ^^ °'^^'*°" ^^^^ ^'^^ empowered to organize a regiment of field artillery
consisting of regimental headquarters, the present first bat-
talion of field artillery and the second corps of cadets: pro-
Proviso. vided, however, that the present first battalion shall elect its
major by vote of the line officers of the battalion.
Repeal. Section 3. All acts or parts of acts inconsistent here-
with are hereby repealed.
Section 4. This act shall take effect upon its passage.
AiJproved February 3, 1916.
Chap. 2 An Act restricting increases in salary of certain
STATE employees.
Be it enacted, etc., as follows:
saia/yofcCT- SECTION 1. Without the consent and approval of the
tain state em- govemor and council it shall be unlawful for any head of a
restricted. department or other officer of the commonwealth to increase
the salary of any employee under his direction who is re-
ceiving an annual salary of one thousand dollars or more,
notwithstanding any act heretofore passed authorizing such
an increase.
Section 2. This act shall take effect upon its passage.
Approved February 7, 1916.
Chap, 3 An Act relative to the discharge of prisoners com-
mitted FOR non-payment OF FINES.
Be it enacted, etc., as follows:
^^nde^d' ^ *^*' Chapter two hundred and twenty-five of the Revised
Laws is hereby amended by striking out section one hundred
and twenty-four and inserting in place thereof the follow-
Certain credits jngi — Sectiofi 12 Jf.. A prisoucr who has been confined in a
assist discharge prison or placc of Confinement for non-payment of a fine or
committed for a fine and expenses, shall be given a credit of fifty cents
of'fiilSf'"^"* on such fine or fine and expenses for each day during which
General Acts, 1916. — Chap. 4. 5
he shall be so confined, and shall be discharged at such
time as the said credits, or such credits as have been given
and money paid in addition thereto, shall equal the amount
of the fine or the fine and expenses; and in such case no
further action shall be taken to enforce payment of said
fine or fine and expenses. Amoroved February 18, 1916.
An Act to permit the graduates of certain schools to Chap. 4
ORGANIZE FRATERNAL BENEFIT SOCIETIES WITHOUT THE
LODGE SYSTEM.
Be it enacted, etc., as follows:
Clause b of section twelve of chapter six hundred and i?ii' 628, § 12.
.,„, „■■ . 1111 ^*''^' amended.
twenty-eight of the acts of the year nineteen hundred and
eleven, as amended by section two of chapter six hundred
and seventeen of the acts of the year nineteen hundred and
thirteen and by chapter thirty-nine of the General Acts of
the year nineteen hundred and fifteen, is hereby further
amended by inserting after the word "denomination", in
the third line, the words: — or to the graduates of a desig-
nated professional or vocational school, — so that said
clause will read as follows: — b. In case the corporation Graduates of
limits its membership to the members of a particular fraternal may organize
1 p. .. Pi'j T • 1 • J.' f ratornal bene-
benenciary corporation, iratermty or religious denomination, fit societies
or to the graduates of a designated professional or vocational Jyltem. ^"'^^^
school, or to the employees or ex-employees of cities or towns
or of the commonwealth or the federal government, or to
the employees or ex-employees of a designated firm, business
house or corporation, or of any department of a designated
firm, business house or corporation, to persons of the same
foreign extraction retaining common national interests and
designation, or of the same occupation, the agreement of
association shall state the maximum amount of the benefits
to be paid, and designate to which one of the classes herein
specified its membership is to be limited. A corporation so
limiting its membership may be on the lodge system, and
if not, shall be governed by a direct vote of its members
without the lodge system; but a corporation not so limiting
its membership shall be on the lodge system, with a repre-
sentative form of government as defined in sections two and
three of this act. Aiii^roved February 18, 1916.
General Acts, 1916. — Chaps. 5, 6.
Chap. 5 An Act relative to the investments of domestic
INSURANCE COMPANIES IN MORTGAGE LOANS.
Be it enacted, etc., as follows:
1910, 375 § 2, Section two of chapter three hundred and seventv-five of
amended. ^ , iiii .ii
the acts or the year nineteen hundred and ten is hereby
amended by inserting after the word "shall", in the first
line, the words: — except in effecting the sale of real estate
owned by it, and then only with the approval of the in-
surance commissioner, — so as to read as follows : — ^ec-
Mortgage loans Hqji 2. No domcstic insuraiicc company shall, except in
by domestic rv • ^ i p i i i • i i i
insurance com- eiTecting tlic salc OX real estate owned by it, and then only
with the approval of the insurance commissioner, invest
any of its funds in loans upon mortgages except upon the
conditions expressed in sub-division 4 of section thirty-
seven of said chapter five hundred and seventy-six, as
amended by section one of this act, provided that the in-
vestments of companies organized under the tenth clause of
section thirty-two of said chapter five hundred and seventy-
six shall be subject to no greater restrictions hereunder
than those imposed by section sixty-four of said chapter.
Apj^roved February 18, 1916.
Chap. 6
R. L. 91. §'67,
etc., amended.
Taking of
pickerel
regulated.
An Act relative to the taking of pickerel.
Be it enacted, etc., as follows:
Section sixty-seven of chapter ninety-one of the Revised
Laws, as amended by chapter three hundred and twenty-
nine of the acts of the year nineteen hundred and four, is
hereby further amended by striking out the words "with
intent to sell", in the fourth line, so as to read as fol-
lows: — Section 67. Whoever takes from the waters of this
Commonwealth a pickerel less than ten inches in length, or
sells or offers for sale, or has in his possession any such
pickerel, shall forfeit one dollar for each pickerel so taken,
held in possession, sold or offered or exposed for sale; and
in prosecutions under the provisions of this section the
possession of pickerel less than ten inches in length shall be
prima facie evidence to convict.
Approved February IS, 1916.
General Acts, 1916. — Chaps. 7, 8.
An Act to PRovroE a penalty for hunting birds or Chap. 7
QUADRUPEDS WITH RIFLES, REVOLVERS OR PISTOLS DURING
THE OPEN SEASON FOR DEER.
Be it enacted, etc., as folloivs:
Chapter five hundred and forty-two of the acts of the i9i3. 542,
year nineteen hundred and thirteen is hereby amended by
adding thereto the following new section: — Section 3. Any Pcna|ty for
person violating any provision of this act shall be punished d^ing certain
by a fine of not less than ten nor more than fifty dollars for ^®'*^'^'^'
each offence. Ajyproved February 18, 1916.
An Act to authorize certain military organizations Chap. 8
OF students to drill and parade with firearms.
Be it enacted, etc., as foUotvs:
Section 1 . Chapter six hundred and four of the acts of amended.^ ^^*''
the year nineteen hundred and eight is hereby amended by
striking out section one hundred and seventy and inserting
in place thereof the following: — Section 170. No bodv of Unauthorized
1 1 •!• " 1 p 1 TT "• 1 drilling for-
men, except the volunteer militia, the troops of the United bidden, etc.
States and the Ancient and Honorable Artillery Company
of Boston, shall maintain an armory or associate together at
any time as a company or organization, for drill or parade
with firearms; nor so drill or parade, nor shall any city or
town raise or appropriate money toward arming, equipping,
uniforming, supporting, or providing drill rooms or armories
for any such body of men: provided, that associations wholly Proviso,
composed of soldiers honorably discharged from the service
of the United States may parade in public with arms, upon
the reception of any regiments or companies of soldiers
returning from said service, and for escort duty at the
burial of deceased soldiers, with the written permission of
the mayor and aldermen of the city or selectmen of the town
in which they desire to parade; that students in educational Certain stu-
institutions where military science is a prescribed part of the driu, etc.
course of instruction, and, also students who are enrolled in
a military organization approved by the secretary of war
or navy of the United States and over which an officer of the
United States army or navy or the Massachusetts volunteer
militia has supervision, may, with the approval of the
governor and under such conditions as he may prescribe,
drill and parade with firearms in public, under the superin-
tendence of their instructors; that foreign troops who have
8
General Acts, 1916. — Chaps. 9, 10.
Color guards
of certain or-
ganizations
may parade,
etc.
been admitted into the United States with the consent of
the United States government may, with the approval of
the governor, drill and parade with firearms in public, and
that any body of men may, with the approval of the gov-
ernor, drill and parade in public with any harmless imitation
of firearms which has been approved by the adjutant general;
that regularly organized posts of the grand army of the
republic, and regularly organized camps of the legion of
Spanish war veterans, or of the united Spanish war veterans,
may at any time parade in public their color guards of not
more than twelve men, armed with firearms; that regu-
larly organized camps of the sons of veterans may at any
time parade in public their color guards of ten men with
firearms; and that any organization heretofore authorized
thereto by law may parade with sidearms; and that any
veteran association composed wholly of past members of the
militia of this commonwealth may maintain an armory for
the use of the organizations of the militia to which its members
belonged.
Section 2. This act shall take effect upon its passage.
A'pyroved February 18, 1916.
County com-
missioners of
Berkshire
county may
expend addi-
tional sum for
making certain
records.
Chap. 9 An Act to authorize the county commissioners of the
COUNTY OF BERKSHIRE TO EXPEND AN ADDITIONAL SUM
FOR THE PURPOSE OF MAKING COPIES OF CERTAIN RECORDS.
Be it enacted, etc., as follows:
Section 1. The county commissioners of the county of
Berkshire are hereby authorized to expend, a sum not ex-
ceeding five hundred dollars, in addition to the sums hereto-
fore authorized, for the purpose of making copies of certain
records In the registry of deeds for the middle district in
said county, as provided by chapter four hundred and
seventy-eight of the acts of the year nineteen hundred and
fourteen.
Section 2. This act shall take effect upon its passage.
Approved February 21, 1916.
Chap. 10 An Act to define the purpose for which the annual
APPROPRIATION FOR THE FURNISHING, REPAIR AND CARE
OF UNITED STATES SHIPS MAY BE USED.
Be it enacted, etc., as follows:
Section 1. The annual appropriation for the furnishing,
repair and care of any United States ships loaned to the
Purpose for
which appro-
priation for
General Acts, 1916. — Chaps. 11, 12. 9
commonwealth of Massachusetts for the use of the naval unHed^s'tatos
militia shall be available for the payment of all damages ^'^'^^TY^
and other expenses incident to the use of such ships. Claims
for damages shall be paid only when approved by the ad-
jutant general, and the releases obtained shall be in such
form as he may prescribe.
Section 2. Claims for damages including those ascer- claims, how
tained during the year nineteen hundred and fifteen may be ^^' '
paid from the appropriation for the fiscal year in which the
amount of damage is ascertained, without regard to the
date of the actual occurrence of the damage.
Section 3. This act shall take effect upon its passage.
Aiyproved February 23, 1916.
An Act relative to the designation of officers of Chap. 11
CORPORATIONS LICENSED AS INSURANCE AGENTS AND
BROKERS.
Be it enacted, etc., as follows:
Section two of chapter eighty-two of the General Acts of §^2,^'a^elided.
the year nineteen hundred and fifteen is hereby amended by
striking out the word "three", in the eighth line, and in-
serting in place thereof the word : — five, — so as to read
as follows: — Section 2. The insurance commissioner may insurance
1 .. 1 . 1' J." commissioner
require any such corporation, upon making an appncation may require
for a license or for the renewal of a license, to file with him ration" toTw-
such information as he may request relating to the corpora- ^y^^ 'etc"™^'
tion and its officers, directors and stockholders, and the
commissioner may make such examination of the corpora-
tion's affairs as he may deem necessary. Every such license
shall designate the officers of the corporation, not exceeding
five, who may solicit or negotiate contracts of insurance in
the name and in behalf of the corporation.
A-p'proved February 23, 1916.
An Act exempting certain employees from medical Chap. 12
EXAMINATION FOR LIFE INSURANCE.
Be it enacted, etc., as follows:
Section seventy-one of chapter five hundred and seventy- i907. 576, § 71,
six of the acts of the year nineteen hundred and seven is
hereby amended by adding at the end of the first paragraph
the words : — except that an inspection by a competent
person of a group of employees whose lives are to be insured
and their environment may be substituted for such medical
10
General Acts, 1916. — Chap. 13.
Certain em-
ployees ex-
empt from
medical exam-
ination for life
insurance.
examination in cases where the insurance is granted under
a single poHcy issued to a given person, firm or corporation,
covering simultaneously a group of not less than one hundred
lives all in the employ of such person, firm or corporation,
— so that said paragraph will read as follows: — Section 71.
No life insurance company organized under the laws of or
doing business in this commonwealth shall enter into any
contract of insurance upon lives within this commonwealth
without having previously made or caused to be made a
prescribed medical examination of the insured by a registered
medical practitioner; except that an inspection by a compe-
tent person of a group of employees whose lives are to be
insured and their environment may be substituted for
such medical examination in cases where the insurance
is granted under a single policy issued to a given person,
firm or corporation, covering simultaneously a group of
not less than one hundred lives all in the employ of such
person, firm or corporation.
{The joregoing was laid before the governor on the seventeenth
day of February, 1916, and after five days it had "the force
of a law", as prescribed by the constitution, as it was not re-
turned by him with his objections thereto within that time.)
Chap. 13 An Act relative to the auditing of town accounts.
1910, 598, § 1,
etc., amended.
Auditing of
accounts of
towns.
Be it enacted, etc., as follows:
Section 1. Section ^ne of chapter five hundred and
ninety-eight of the acts of the year nineteen hundred and
ten, as amended by section one of chapter seven hundred
and six of the acts of the year nineteen hundred and thirteen,
is hereby further amended by striking out the said section
and inserting in place thereof the following: — Section 1.
Any town at a town meeting legally called for the purpose
may petition the director of the bureau of statistics for an
audit of its accounts, or for the installation of a system of
accounts by him approved, and said director, as soon as
possible after the receipt of such a petition, shall cause such
audit to be made or system of accounts to be installed as
the case may be; or a town may provide in its by-laws for
periodical audits under the direction of the director of the
bureau of statistics, and said director shall cause such audits
to be made.
Section 2. This act shall take effect upon its passage.
Approved February 25, 1916.
General Acts, 1916. — Chaps. 14, 15. 11
An Act relative to prosecutions under the law pro- Chap. 14
VIDING for weekly PAYMENT OF WAGES.
Be it enacted, etc., as follows:
Section one hundred and thirteen of chapter five hundred i909. sh. § iis,
and fourteen of the acts of the year nineteen hundred and
nine is hereby amended by striking out the words "The
chief of the district poHce or an inspector of factories and
pubUc buildings", in the first and second hues, and insert-
ing in place thereof the words : — The state board of labor
and industries, — and by striking out the words "thirty
days", in the fifth line, and inserting in place thereof the
words: — three months, — so as to read as follows: — Sec- state board of
tion 113. The state board of labor and industries may dustriesto
1 i"j. ' 1. e -Ij^' Pji' prosecute vio-
make a complamt agamst any person tor a violation oi the lationsofiaw
provisions of the preceding section. Complaints for such wt^kiy'ply-'^
violation shall be made within three months after the date ^'^^^ °^ ^*^*'^-
thereof, and, on the trial, no defence for failure to pay as
required, other than the attachment of such wages by the
trustee process or a valid assignment thereof or a valid set-
off against the same, or the absence of the employee from
his regular place of labor at the time of payment, or an
actual tender to such employee at the time of payment of
the wages so earned by him, shall be valid. The defendant
shall not set up as a defence a payment of wages after the
bringing of the complaint. An assignment of future wages
which are payable weekly under the provisions of this act
shall not be valid if made to the person from whom such
wages are to become due or to any person on his behalf or
if made or procured to be made to another person for the
purpose of relieving the employer from the obligation to
pay weekly. The word "person" in this section shall ter^'Xfined
include the corporations, contractors, persons and partner-
ships described in the preceding section.-
Ayinoved February 25, 1916.
An Act relative to the protection of upland plover Chap. 15
AND certain other WILD BIRDS.
Be it enacted, etc., as folloius:
Chapter four hundred and seventy-two of the acts of the 1910, 472, § i.
year nineteen hundred and ten is hereby amended by strik- ^'"®"''*"^-
ing out section one and inserting in place thereof the fol-
12
General Acts, 1916. — Chap. 16.
Protection of
upland plover,
wild pigeons,
gulls and
terns.
lowing: — Section 1. Whoever takes or kills a Bartramian
sandpiper, also called upland plover, a wood duck, a wild or
passenger pigeon, a Carolina or mourning dove, a gull or
a tern, shall be punished by a fine of not less than ten, nor
more than fifty dollars for every bird so taken or killed.
Whoever takes or kills a heath hen shall be punished by a
fine of not less than twenty-five dollars nor more than one
hundred dollars for every bird so taken or killed.
Ajj-proved March 1, 1916.
1913, 835, § 140,
amended.
Name of
candidates for
delegates, etc.,
to national con-
ventions to be
placed upon
ballot in cer-
tain order.
Chap. 16 An Act to change the method of voting in presi-
dential PRIMARIES.
Be it enacted, etc., as follows:
Section 1. Chapter eight hundred and thirty-five of
the acts of the year nineteen hundred and thirteen is hereby
amended by striking out section one hundred and forty and
inserting in place thereof the following:- — Section Ufi.
The secretary of the commonwealth shall cause to be placed
upon the official ballot for use in primaries at which dele-
gates to national conventions of political parties are elected,
under separate headings, and in the following or^er, the
names of candidates for delegates at large, alternate dele-
gates at large, district delegates, and alternate district
delegaties. The names of candidates appearing in nomi-
nation papers which contain nominations for all the places
to be filled shall be placed first on said ballot, arranged in
groups and in the same order as in the nomination papers.
The names of candidates appearing in nomination papers
which contain nominations for less than all the places to be
filled shall follow, alphabetically arranged. The ballot shall
also contain a statement of the preference, if any, of each
candidate for delegate as to a candidate for nomination for
president, provided that such statement appears in his
nomination papers; but no such statement of preference by
any candidate for delegate shall appear upon the ballot
unless such candidate for nomination for president files his
written assent thereto with the secretary of the common-
wealth on or before five o'clock of the last day for filing
nomination papers. Such assent may be communicated by
telegraph or cable. Upon the receipt of the records of votes
cast at presidential primaries, the city or town clerk or
election commissioners shall forthwith canvass the same
and make return thereof to the secretary of the common-
statement of
preference, etc.
Return of
votes.
General Acts, 1916. — Chaps. 17, 18. 13
wealth, who shall forthwith canvass such returns, determine
the results thereof, and notify the successful candidates.
Section 2. This act shall take effect upon its passage.
Ajjproved March 1, 1916.
An Act to abolish the state house building commission Chap. 17
AND TO TRANSFER ITS DUTIES TO THE STATE HOUSE COM-
MISSION.
Be it enacted, etc., as follows:
Section 1. The state house building commission, es- state house
tablished by chapter eight hundred and thirty of the acts mission,
of the year nineteen hundred and thirteen, is hereby abolished ^ ° *" ® ■ ® ''•
and the powers and duties pertaining to the said commission
are hereby transferred to and vested in the state house
commission. The members of the state house commission
shall receive no compensation under this act.
Section 2. This act shall take effect upon its passage.
Approved March 2, 1916.
An Act to require commissioners of insolvent estates (7/,^^, je
OF DECEASED PERSONS TO GIVE NOTICE TO THE ADMINIS-
TRATOR OR EXECUTOR OF THE ESTATE AND TO THE HEIRS,
LEGATEES OR DEVISEES OF THE DECEASED OF THE FILING
OF RETURNS.
Be it enacted, etc., as follows:
Section 1. Section three of chapter one hundred and R 1-142, §3,
forty-two of the Revised Laws, as amended by chapter one ^ "" """^^
hundred and seventy-seven of the acts of the year nineteen
hundred and eleven, is hereby further amended by inserting
after the word "creditors", in the fifteenth line, the words:
— and to the administrator of the estate or the executor of
the will of the deceased, and to the heirs, legatees or de-
visees of the deceased, — so as to read as follows : — Sec- commissioners
tion 3. The commissioners shall be sworn before entering esVa'tS'to eLm-
upon the performance of their official duties; they shall »ne claims, etc.
appoint convenient times and places for their meetings to
receive and examine claims; and shall by mail or other-
wise give to all known creditors at least seven days' written
notice of the time and place of each meeting, and also such
other notice thereof as the court shall order; and the executor
or administrator shall, fourteen days at least before the first
meeting, furnish to the commissioners the names and resi-
14 General Acts, 1916. — Chaps. 19, 20.
dences of all known creditors. At the expiration of the
time allowed for the proof of claims, the commissioners
Noticethat shall make their return to the court. The commissioners
med^lte. shall mail post paid within seven days thereafter, or within
such further time as the court may order, a notice in writing
to all known creditors, and to the administrator of the estate
or the executor of the will of the deceased, and to the heirs,
legatees or devisees of the deceased, of the filing of said
return, and shall, within thirty daj's after said notice, file in
the registry of probate an affidavit of having given the
same, with a copy thereof.
Section 2. This act shall take effect upon Its passage.
Ajrproved March 2, 1916.
Chap. 19 An Act relative to late entry of appeals from re-
turns OF COMMISSIONERS OF INSOLVENT ESTATES.
Be it enacted, etc., as follows:
R. L 142, §16, Section 1. Section sixteen of chapter one hundred and
forty-two of the Revised Laws Is hereby amended by In-
serting after the word "court". In the second line, the
words: — or If the administrator of the estate or the executor
of the will of the deceased, or If an heir, legatee, devisee or
creditor who is dissatisfied with the allowance of a claim, —
Late entry of SO as to read as follows: — Section 16. If a person whose
returns o^™ clalm has been disallowed by the commissioners or by the
ofTnToive°nT" probatc court, or If the administrator of the estate or the
executor of the will of the deceased, or If an heir, legatee,
devisee or creditor who Is dissatisfied with the allowance of
a claim, omits, for cause other than his own neglect, to claim
or prosecute his appeal as before provided, the supreme
judicial court In any county, may, upon his petition filed
within two years after the return of the commissioners and
within four years after the date of the administration bond,
allow him upon terms to enter and prosecute his appeal.
Section 2. This act shall take effect upon its passage.
Approved March 2, 1916.
Chap. 20 An Act relative to payments on account of taxes on
REAL OR PERSONAL PROPERTY.
Be it enacted, etc., as follows:
1909, 490. § 19, Section nineteen of Part II of chapter four hundred and
Part II, etc., . „. „, . iiii-
amended. ninety 01 the acts oi the year nineteen hundred and nine, as
amended by section two of chapter five hundred and ninety-
estates allowed
in certain cases.
General Acts, 1916. — Chap. 20. 15
nine of the acts of the year nineteen hundred and thirteen,
is hereby further amended by striking out the words " within
six months after such tax or assessments are due", in the
fifth and sixth Unes, and inserting in place thereof the words:
— if the tax or assessments are upon real estate at any
time up to the date when advertisements may be prepared
for the sale of the same, and if it be a personal tax, at any
time up to the date when a warrant or other process may
be issued for the enforcement and collection of the same, —
and also by inserting after the word "tax", in the eighth
line, the words : — The acceptance of any partial payment
in accordance with the provisions of this act, shall not
invalidate any demand made for a tax, prior to the accept-
ance of such partial payment: provided, hoivever, that the
amount stated in the demand was the amount due at the
date when the demand was made, — so as to read as fol-
lows: — Section 19. After the delivery of a tax, including TcMunrof taxes
assessments for betterments or other purposes but not in- ""nT^^o'^ ert '
eluding a poll tax, to a collector for collection, the owner of
the estate or person assessed or a person in behalf of said
owner or person may, if the tax or assessments are upon real
estate at any time up to the date when advertisements may
be prepared for the sale of the same, and if it be a personal
tax, at any time up to the date when a warrant or other
process may be issued for the enforcement and collection
of the same, tender to the collector not less than twenty-five
per cent of the tax which shall be received, receipted for
and applied toward the payment of the tax. The accept-
ance of any partial payment in accordance with the pro-
visions of this act, shall not invalidate any demand made
for a tax, prior to the acceptance of such partial payment:
provided, however, that the amount stated in the demand Proviso,
was the amount due at the date when the demand was
made. If in any court it shall be determined that the tax Entry of
is more than the amount so paid, judgment shall be entered ^"'^s'"'"^*-
for such excess and interest upon the amount thereof to the
date of the judgment, and on the amount paid to the date
of payment, with costs if otherwise recoverable. The part
payment authorized by this section shall not affect a right
of tender, lien or other provision of law for the recovery of
the amount of such tax, or interest or costs thereon, re-
maining due, but if the part payment is more than the tax,
as finally determined, the excess, without interest, shall be re-
paid to the person who paid it. Approved March 6, 1916.
16
General Acts, 1916. — Chaps. 21, 22.
Chap. 21 An Act to permit mutual liability insurance com-
panies TO insure against damage by steam-boiler and
FLY-WHEEL EXPLOSIONS.
Be it enacted, etc., as follows:
Section 1. Mutual companies organized under the laws
of this commonwealth and authorized to transact liability
insurance may, with the approval of the insurance commis-
sioner, also transact the business authorized by the fourth
clause of section thirty-two of chapter five hundred and
seventy-six of the acts of the year nineteen hundred and
seven, and the amendments thereof.
Section 2. No policy shall be issued by a corporation
formed as aforesaid until boiler insurance has been applied
for to the amount of one million dollars upon not less than
one hundred separate boiler risks.
Section 3. The provisions of section twenty of chapter
five hundred and seventy-six of the acts of the year nineteen
hundred and seven, and of any amendments thereof, author-
izing a mutual boiler insurance company to insure in a
single risk an amount not exceeding one fourth of its net
assets shall not apply to the mutual companies designated
in section one of this act.
Section 4. This act shall take effect upon its passage.
Aj)2Jroved March 6, 1916.
Mutual liability
companies may
insure against
damage by cer-
tain explosions.
Restriction.
Certain
provisions
not to apply.
Chap. 22 An Act to authorize co-operative banks to provide
FOR AN assistant TREASURER.
Be it enacted, etc., as follows:
S^rmair" Section 1. Subject to the approval of the bank com-
provideforan missioncr, a co-operative bank incorporated under the laws
treasurer. of this commonwcalth, may provide in its by-laws for an
assistant treasurer, and for his election by either the share-
holders or the board of directors. He shall have authority
to perform any and all of the duties of the treasurer as pro-
vided in section eight of chapter six hundred and twenty-
three of the acts of the year nineteen hundred and twelve.
Section 2. This act shall take effect upon its passage.
Approved March 6, 1916.
General Acts, 1916. — Chaps. 23, 24. 17
An Act to authorize cities and towns to appropriate Chap. 23
MONEY FOR CONDUCTING PROCEEDINGS RELATIVE TO
PUBLIC SERVICE CORPORATIONS.
Be it enacted, etc., as follows:
Section 1. A city or town may appropriate money for Cities and
the purpose of prosecuting or defending proceedings, however appmpHate
instituted, before a court, the pubHc service commission, d'uJtmg'certarn
the board of gas and electric light commissioners or any proceedings.
other pubUc board or commission exercising the same or
similar powers, in all matters relative or incidental to the
prescribing of rates or fixing of charges by public service
corporations or the exercise of rights under their franchises.
Section 2. This act shall take effect upon its passage.
Ayproved March 6, 1916.
An Act relative to the power of the public service Chap. 24
COMMISSION TO SUSPEND THE TAKING EFFECT OF PRO-
POSED CHANGES IN RATES CHARGED BY COMMON CARRIERS.
Be it enacted, etc., as follows:
Section 1. Section twenty-one of chapter seven hundred amendld.^ ^''
and eighty-four of the acts of the year nineteen hundred
and thirteen is hereby amended by striking out the word
"six", in the eleventh line, and inserting in place thereof
the word: — -ten, — so as to read as follows: — Section 21. ^o'i^m*'isston"'*'
Whenever the commission receives notice of any change or ^^Y suspend
1 11 1 • 1 1 I ni 1 1 1 taking effect of
changes proposed to be made m any schedule nled under the proposed
provisions of this act, it shall have power, either upon com- certain rates.
plaint or upon its own motion, and after notice, to hold a
public hearing and make investigation as to the propriety
of such proposed change or changes. Pending any such
investigation and the decision thereon, the commission shall
have power, by any order served upon the common carrier
affected, to suspend the taking effect of such change or
changes, but not for a longer period than ten months be-
yond the time when such change or changes would other-
wise take effect. After such hearing and investigation, the
commission may make such order in reference to any new
rate, joint rate, fare, telephone rental, toll, classification,
charge, rule, regulation or form of contract or agreement
proposed, as would be proper in a proceeding initiated after
the same has taken effect. At anv such hearing involving Hearings how
'■ o cj conaucted.
18 General Acts, 1916. — Chaps. 25, 26.
HeM-ings, how any proposed increase in any rate, joint rate, fare, telephone
rental, toll or charge, the burden of proof to show that such
increase is necessary in order to obtain a reasonable com-
pensation for the service rendered shall be upon the common
carrier. If at a hearing involving any proposed decrease in
any rate, joint rate, fare, telephone rental, toll or charge
demanded by any common carrier, it shall appear to the
commission that the said rate, joint rate, fare, telephone
rental, toll or charge is insufficient to yield reasonable com-
pensation for the service rendered, the commission shall
have power to determine what will be the just and reasonable
rate or rates, fare or fares, telephone rental or rentals, toll
or tolls, charge or charges, to be thereafter observed in such
case as the minimum to be charged, and to make an order
that the common carrier complained of shall not thereafter
demand, charge or collect any rate, fare, telephone rental,
toll, or charge lower than the minimum so prescribed with-
out first obtaining the consent of the commission, not to be
given without a public hearing.
Section 2. This act shall take effect upon its passage.
Approved March 8, 1916.
Chap. 25 An Act relative to the open season on brook trout.
Be it enacted, etc., as follows:
fiMdfo?^°" Section 1. Beginning with the year nineteen hundred
brook trout. and seventeen, the open season for the taking of brook
trout shall begin on the fifteenth day of April and end on
the first day of August.
Repeal. Section 2. So much of scctiou one of chapter three
hundred and seventy-seven of the acts of the year nineteen
hundred and nine, as amended by section one of chapter
four hundred and sixty-nine of the acts of the year nineteen
hundred and ten, as is inconsistent herewith, is hereby
repealed. Approved March 8, 1916.
Chap. 26 An Act to extend the authority of the bank commis-
sioner relative to savings and loan associations.
Be it enacted, etc., as follows:
bank^Jommis- "^^^ bank commissioucr shall have the same powers and
sioner relative dutlcs iu rcspcct to saviugs and loan associations which he
to savings and , i n i . • i i
loanassocia- now lias or may hereafter have in respect to savings banks.
General Acts, 1916. — Chap. 27. 19
In the examination of such savings and loan associations
inquiry shall be made as to the nature and resources of the
association in general, its methods of conducting business,
the actions of its officers, the investment of its funds, and as
to whether the administration of its affairs is in compliance
with its by-laws and the statutes. At each visitation, a To audit books.
thorough examination and audit shall be made of the books,
securities, cash, assets, liabilities, income and expenditures,
including a trial balance of the shareholders' ledgers, for
the period elapsed since the preceding examination. The Expense, how
expense of such examination and audit shall be paid by the ^^'
savings and loan association. The person in charge of the
examination shall render to the commissioner a report of his
findings, in such form as the commissioner may prescribe,
and a copy thereof shall be rendered to the board of directors
within ten days after the original has been submitted to the
commissioner, together with a notice of the amount of the
expense aforesaid which shall be due and payable within
thirty days after the date of the notice. Upon the failure
of any such savings and loan association to pay the said
expense within the time prescribed herein, the bank com-
missioner shall report the facts to the attorney-general,
who shall immediately bring an action for the recovery of
the sum due. The commissioner shall annually make a Tomake
report to the general court of such facts and statements annual report.
relative to the said associations and in such form as he may
consider that the public interest requires. The officers of
every such association shall answer truly all inquiries made,
and shall make all returns required by the commissioner.
Approved March 8, 1916.
An Act relative to the taking of fish in the waters Phdy 27
OF HINGHAM HARBOR, WEYMOUTH BACK RIVER, HULL BAY
AND ADJACENT WATERS.
Be it enacted, etc., as follows:
Section one of chapter three hundred and nine of the acts ioh, soo. § i.
of the year nineteen hundred and fourteen is hereby amended ^™^"
by striking out the words "in Hingham Harbor, Hull Bay,
Weymouth Back river", in the fourth and fifth lines, and
inserting in place thereof the words : — in any waters south-
erly of a line drawn from the westerly point of Hull main-
land at Windmill Point, so-called, to the most easterly point
20
General Acts, 1916. — Chap. 28.
Taking of fish
in waters of
Hingham
Harbor, Woy-
mouth Back
river, etc.
Proviso.
Exemption.
of Peddock's island; thence following the easterly shore of
Peddock's island at highwater mark to the most southerly
point of said Peddock's island, thence across the Back
channel, so-called, to the most northerly point of Hough's
Neck, — so as to read as follows:- — Section 1. No person
shall set, draw, use, or attempt to set, draw, or use any
net, seine, trap or other device for catching any fish by other
than a naturally or artificially baited hook in any waters
southerly of a line drawn from the westerly point of Hull
mainland at Windmill Point, so-called, to the most easterly
point of Peddock's island; thence following the easterly
shore of Peddock's island at highwater mark to the most
southerly point of said Peddock's island, thence across the
Back channel, so-called, to the most northerly point of
Hough's Neck, or in any cove, bay, inlet or tributary thereof:
'provided, that the selectmen of Hingham, Weymouth and
Hull may, by joint action, grant permits for the purpose
aforesaid within said waters, with such restrictions as, in
their judgment, will prevent the same from constituting or
causing a nuisance; and they may at any time revoke any
such permit. The provisions of this act shall not prohibit
the use of traps for the catching of lobsters.
Approved March 8, 1916.
1910, 493, § 1.
amended.
Chap. 28 An Act to authorize the payment of benefits on in-
stalments UNDER policies OF ACCIDENT INSURANCE.
Be it enacted, etc., as follows:
Paragraph 7 of section one of chapter four hundred and
ninety-three of the acts of the year nineteen hundred and
ten is hereby amended by adding at the end thereof the
following: — -But a policy may at the option of the insured
provide that a benefit for a specific sum shall be payable in
instalments, the number, amount and the time of payment
whereof shall be stated in the policy, with a further state-
ment of the tim.e within which the first instalment shall be
paid, which shall not exceed sixty days from the receipt of
due proof of the claim, — so as to read as follows: — 7. A
provision that the company will pay the benefits promised
within not more than sixty days of the receipt by it of due
proofs of death or disability. But a policy may at the
option of the insured provide that a benefit for a specific
sum shall be payable in instalments, the number, amount
and the time of payment whereof shall be stated in the
Benefits may
be paid on
instalments
under policies
of accident
insurance.
General Acts, 1916. — Chaps. 29, 30. 21
policy, with a further statement of the time within which
the first instalment shall be paid, which shall not exceed
sixty days from the receipt of due proof of the claim.
Ap-proved March 8, 1916.
An Act to provide for the issue of term bonds Chap. 29
TO companies transacting workmen's compensation
insurance.
Be it enacted, etc., as follows:
Section 1. Chapter one hundred and eighty-three of the '^^is- ^J^J^
General Acts of the year nineteen hundred and fifteen is
hereby amended by striking out section two, and inserting
in place thereof the following: — Section 2. Every such Foreign
„ . . 1 11 -xl,* • X J Sj. companies
foreign msurance company shall, witnm sixty days aiter transacting
the passage of this act, furnish a bond running to the com- comp^Mation
monwealth, with some surety company authorized to trans- lurnlah'bol^d.
act business in this commonwealth as surety, for such term
and such amount and in such form and with such surety as
may be approved by the insurance commissioner, the bond
being conditioned upon the making by such company of
the deposits required by section one of this act. The annual
license of such a company shall not be issued or renewed
until it has filed with the insurance commissioner a bond as
aforesaid covering a future period at least as long as that
covered by the license. In place of a bond as aforesaid the
company may furnish other security, upon a like condition,
satisfactory to the insurance commissioner.
Section 2. This act shall take effect upon its passage.
Approved March 8, 1916.
An Act relative to lights on vehicles at night on Chap. 30
public highways and bridges.
Be it enacted, etc., as follows:
Section one of chapter five hundred and seventy-eight of the g^g^'ameided
acts of the year nineteen hundred and eleven, as amended by
chapter one hundred and eighty-two of the acts of the year
nineteen hundred and fourteen, is hereby further amended
by inserting after the word "one", in each instance where
it occurs in the fifth line, the words: — half an, — so as to
read as follows: — Section 1. Every vehicle on wheels, ah vehicles
whether stationary or in motion, on any public highway highways, etc.,
22
General Acts, 1916. — Chap. 31.
li^hts^borween °^ bridge, shall have attached to it a light or lights which
certain hours, shall bc SO displayed as to be visible from the front and
the rear during the period from one half an hour after sunset
Proviso. to one half an hour before sunrise: provided, hoivever, that
this act shall not apply to any vehicle which is designed to
be propelled by hand, or to an}^ vehicle designed for the
transportation, as its principal freight, of hay or straw
while loaded with such freight.
Approved March 8, 1916.
Chap. 31 An Act to authorize the metropolitan park commis-
sion TO SUMMON witnesses.
Be it enacted, etc., as follows:
^c.^'amfnded. Section 1. Scctiou eight of chapter one hundred and
seventy-five of the Revised Laws, as amended by section one
of chapter three hundred and twenty-eight of the acts of the
year nineteen hundred and seven, and by section one of
chapter eighty -five of the acts of the year nineteen hundred
and thirteen, is hereby further amended by inserting after
the word "Boston", in the eleventh line, the words: — or
the metropolitan park commission, — so as to read as fol-
^adrcomm^- ^o^s : — Sectioii 8. Witnesses may be summoned to attend
sion, etc., may qj^^ testifv and to producc books and papers at a hearing
summon ...
witnesses. bcforc a city council, or either branch thereof, or before a
joint or special committee of the same or of either branch
thereof, or before a board of selectmen or a board of police
commissioners, or a fire commissioner or a board of fire com-
missioners, commissioner of public safety, or a school board,
or a licensing board for the granting of licenses for intoxicating
liquors, or a board of registrars of voters, or before the
board of police or of election commissioners for the city of
Boston, or the metropolitan park commission, at any hearing
before them, as to matters within their authority; and such
witnesses shall be summoned in the same manner, be paid
the same fees and be subject to the same penalties for de-
fault, as witnesses before police, district and municipal
Oath, by whom courts. The presiding officer of such council, or of either
branch thereof, or a member of any such committee, board
or commission may administer oaths to witnesses who
appear before such council, or either branch thereof, or any
such committee, board or commission, respectively.
Section 2. This act shall take effect upon its passage.
Approved March 8, 1916.
administered.
General Acts, 1916. — Chaps. 32, 33, 34. 23
An Act to authorize certain insurance companies to Chap. 32
INSURE AGAINST LOSS OF SECURITIES AND DOCUMENTS BY
BANKERS AND BROKERS.
Be it enacted, etc., as folloivs:
Section 1 . Any company authorized to transact cor- Certain in-
porate suretyship, fidehty and burglary insurance in this parderma""
commonwealth, may insure in one contract a bank, banker, loss"^^ sMurftLs
investment broker, banking association or banking corpora- by'^ban^^re'"^*^
tion against the loss of bills of exchange, notes, drafts, and brokers.
bonds, securities, evidences of debt, deeds, mortgages, docu-
ments, currency and money, except loss thereof in the
course of marine transportation, or of transportation by
common carriers.
Section 2. This act shall take effect upon its passage.
Approved March 8, 1916.
An Act relative to the salary of the stenographer Qfidj) 33
AND clerk employed BY THE TRUSTEES OF HOSPITALS
FOR CONSUMPTIVES.
Be it enacted, etc., as follows:
Section 1. The salary of the stenographer and clerk salary of cer-
employed by the trustees of hospitals for consuftiptives shall of'hospita?Jf^r
be fixed in accordance with the provisions of chapter six tobL^fLxed^^
hundred and five of the acts of the year nineteen hundred j^ij^der general
and fourteen. Chapter five hundred and ninety-two of the Repeal.
acts of the year nineteen hundred and twelve is hereby re-
pealed.
Section 2. This act shall take effect upon its passage.
Approved March 13, 1916.
An Act relative to the taking of fish in the waters Chap. 34
OF COHASSET AND SCITUATE.
Be it enacted, etc., as follows:
Chapter four hundred and forty-nine of the acts of the 1912, 449, § 1
\ 1111 i' 11. . ^''*^' aniended.
year nmeteen hundred and twelve, as amended m section
one thereof by chapter one hundred and twenty-four of the
acts of the year nineteen hundred and thirteen, is hereby
further amended by striking out said section one and in-
serting in place thereof the following : — Section 1 . It shall Taking of fish
be unlawful for any person to display torches or other light o" colirslet'^^
and Scituate,
24
General Acts, 1916. — Chap. 35.
Provisos.
Restrictions.
designed or used for the purpose of taking herring or other
fish in any of the waters of Cohasset, Scituate and Marsh-
field, or in the waters of Duxbury and Plymouth harbors
westerly of a line drawn from Pier Head to Saquish Head,
or in the waters of the town of Kingston: 'promded, however,
that the selectmen of the towns of Scituate, Marshfield,
Duxbury, Kingston and Plymouth may grant permits for
the display of torches or other light for the purposes afore-
said, within the limits of their respective towns as herein
described, except that no permits shall be granted for the
above named purposes in the waters of Scituate south-
westerly of a line drawn from Little Black Rock to Gull
island; and 'provided, further, that the selectmen of Cohasset
and Scituate may grant permits for the display of torches
or other lights for the purpose aforesaid in the waters lying
southwesterly of the above mentioned line and in boats
propelled by hand power only. Such permits may at any
time be revoked and may be granted under such restrictions
as in the judgment of said selectmen will prevent nuisances.
Approved March 14, 1916.
Planting, etc.,
of clams and
quahaugs in
Plymouth
county.
Chap. 35 An Act relative to the planting and cultivating of
CLAMS AND QUAHAUGS IN THE COUNTY OF PLYMOUTH.
Be it enacted, etc., as follows:
Section 1. The selectmen of any town in the county of
Plymouth, except the towns of Plymouth, Kingston and
Duxbury, which accepts the provisions of this act, may,
by a writing under their hands, grant a license for such a
term of years, not exceeding fifteen, as in their discretion
they may deem for the public good, to any citizen of such
town, to plant, cultivate and dig clams and quahaugs upon
and in any flats and creeks in the town between mean high
and mean low water mark, not, however, impairing the
private rights of any person. The territory covered by
any such license shall not exceed two acres for each clam or
quahaug grant. The license may be assigned by the licensee
to any person who is a citizen of the town, but only with
the written consent of the selectmen. The said licenses
shall be granted only to persons who intend in good faith
to plant, cultivate and dig clams or quahaugs.
Section 2. The licenses herein provided for shall not
be granted if their exercise would materially obstruct navi-
gable waters. No license shall be granted under this act
Shall not ob-
struct navi-
gable waters.
General Acts, 1916. — Chap. 35. 25
until after a public hearing, notice of which shall have been
given by posting in three or more public places in the town
at least ten days before the hearing. Such notice shall state
the date of the hearing, the name and residence of the
applicant, the date of the filing of the application, and the
location, area and description of the grounds applied for.
Section 3. The license shall describe by metes and pesoription,
bounds the flats and creeks so appropriated, and shall be fee, etc.
recorded by the town clerk before it shall have any force;
and the licensee shall pay into the town treasury two dollars,
and to the town clerk fifty cents.
Section 4. The licensee and his heirs and assigns shall, Privileges.
for the purposes aforesaid, have the exclusive use of the
flats and creeks described in the license during the time
specified therein, and may in an action of tort recover treble
damages of any person who, without his or their consent,
digs or takes clams and quahaugs from such flats or creeks
during the continuance of the license.
Section 5. A town which accepts the provisions of this By-iaws, etc.
act may, at any annual meeting or at any special meeting
called for the purpose, make such by-laws as the town
may from time to time deem expedient, to protect and
preserve the shellfisheries within the town: lyrovided, always. Proviso,
that such by-laws shall not infringe the laws of the com-
monwealth.
Section 6. If it appears to the selectmen that the Revoking of
11.1. • a 'IP, license,
icensee, or his heirs or assigns, tor a period oi two years,
has failed actually to use and occupy the grant for the
purposes specified in the license, they may, after a public
hearing, thirty days' notice of which shall be given to the
licensee, revoke the license, and use of the territory shall
revert to the town.
Section 7. Whoever takes any shellfish from the waters Penalty.
of any town which accepts the provisions of this act in
violation of any by-law established by the town, or of any
provision of this act, shall for every such oftence pay a fine
of not less than five or more than ten dollars, and the costs
of prosecution, and five dollars for every bushel of shellfish
St) taken.
Section 8. A plan of each grant made under this act piantoboopen
shall be kept in the office of the selectmen, and shall be open [nsp^'uon.
to public inspection at all times.
Section 9. This act shall take effect in any town to Acttobesub-
which it applies upon its acceptance by a majority of the wters, etc.
26 General Acts, 1916. — Chaps. 36, 37.
voters of the town voting upon the question of its acceptance
at any annual town meeting, or at any special town meeting
called for the purpose, but for the purpose of authorizing
said vote, it shall take effect upon its passage.
Approved March 14, 1916.
Chap. 36 An Act relative to the misuse of the flag.
Be it enacted, etc., as follows:
Certain The provisious of chapter five hundred and seventy of
exempted from thc acts of the year nineteen hundred and fourteen shall
not apply to publications issued solely for the purpose of
giving information in relation to the flag, or to publications
issued solely for the purpose of promoting patriotism or
encouraging the study of American history; but no words,
figures, designs or other marks of any kind shall be placed
upon the flag or any representation thereof.
Approved March 14, 1916.
" flag law."
Chap. 37 An Act relative to the limitation of the capital '
STOCK OF TRUST COMPANIES.
Be it enacted, etc., as follows:
Sc^'meAded Section 1. Chapter one hundred and sixteen of the
Revised Laws, as amended in section five thereof by chapter
four hundred and eighty-seven of the acts of the year nine-
teen hundred and seven and by chapter two hundred and
six of the acts of the year nineteen hundred and thirteen,
is hereby further amended by striking out said section five
Capital stock and inserting in place thereof the following : — Section 5.
pan^M^imited. Tlic Capital stock of sucli corporation shall be not less than
two hundred thousand dollars, except that in a city or
town whose population numbers not more than one hun-
dred thousand the capital stock may be not less than one
hundred thousand dollars, divided into shares of the par
value of one hundred dollars each; and except also that in
towns whose population is not more than ten thousand the
capital stock may be not less than fifty thousand dollars
divided into shares of the par value of one hundred dollars
each; and no business shall be transacted by the corporation
until the whole amount of its capital stock is subscribed for
and actually paid in, and no shares shall be issued until the
par value of such shares shall have actually been paid in in
General Acts, 1916. — Chap. 38. 27
cash. Any trust company desiring to increase its capital of'^^jtai,
stock to an amount greater than that fixed in its agreement *^ow made.
of association or beyond the amount which is paid in at the
date of the passage of this act may, subject to the approval
of the bank commissioner, increase its capital stock in the
manner provided for the increase of capital stock of business
corporations under the provisions of chapter four hundred
and thirty-seven of the acts of the year nineteen hundred
and three, and of acts in amendment thereof, relative to
the increase of capital stock: 'prodded, however, that no Proviso,
such stock shall be issued by any trust company until the
par value thereof shall be fully paid in in cash.
Section 2. Chapter one hundred and eighty-nine of Repeal-
the acts of the year nineteen hundred and five is hereby
repealed.
Section 3. This act shall take effect upon its passage.
Approved March 14, 1916.
An Act relative to the payment to county treasurers Chap. 38
BY clerks of courts OF INTEREST ON MONEY PAID INTO
THE SUPERIOR COURT.
Be it enacted, etc., as foUoivs:
Section 1. Except in the county of Suffolk, all money Payment of
paid into the superior court shall be placed at interest, if money paid
possible, by the clerks of courts, and the interest over and supwio? court.
above the amount accumulated on pending cases shall be
paid over to the county treasurer between the first and
tenth days of January of each year, to be used for general
county purposes.
Section 2. Interest which has accumulated on money Use of interest.
already paid into the superior court, over and above the
amount accumulated on pending cases, shall be paid over to
the county treasurer between the first and the tenth days
of June, nineteen hundred and sixteen, to be used for general
county purposes.
Section 3. So much of any act as is inconsistent here- Repeal,
with is hereby repealed.
Section 4. This act shall take effect upon its passage.
(The foregoing was laid before the governor on the eighth
day of March, 1916, and after five days it had "the force of
a law", as prescribed by the constitution, as it was not re-
turned by him with his objections thereto within that time.)
28
General Acts, 1916. — Chaps. 39, 40.
Chap. 39 An Act relative to the payment of premiums on the
BONDS OF COURT OFFICERS IN THE COUNTY OF SUFFOLK.
Be it enacted, etc., as follows:
Section 1. The county of Suffolk shall hereafter pay all
premiums on the bonds of court officers or deputy sheriffs in
attendance on the superior court in said county.
Section 2. This act shall take effect upon its acceptance
by the city council of Boston.
Approved March 15, 1916.
[Accepted April 3, 1916.]
Payment of
premiums on
bonds of cer-
tain court
officers.
Act to be sub-
mitted to city
council, etc.
Chap. 40 An Act relative to employees in the insurance de-
partment OF THE COMMONWEALTH.
1907, 576, § 5,
etc., amended.
Employees in
the 'insurance
commissioner'a
office, how ap-
pointed, etc.
Vacancy in the
office of insur-
ance com-
missioner,
how filled.
Be it enacted, etc., as follows:
Section 1. Section five of chapter five hundred and
seventy-six of the acts of the year nineteen hundred and
seven, as amended by chapter two hundred and ninety-two
of the acts of the year nineteen hundred and eleven, is
hereby further amended by striking out the said section
and inserting in place thereof the following : — Section 5.
The commissioner may, with the approval of the governor
and council, appoint, and with their consent remove, a first
deputy commissioner at an annual salary of thirty-five
hundred dollars, a chief examiner at an annual salary of
three thousand dollars, an examiner at an annual salary of
twenty-five hundred dollars, an actuary at an annual salary
of twenty-five hundred dollars, an assistant actuary at an
annual salary of two thousand dollars, and, at salaries sub-
ject to like approval, such additional deputies, examiners
and inspectors as the service may require. He may employ
in his department auditors, clerks and assistants at an
expense not exceeding such amount as the general court may
annually appropriate. In case of a vacancy in the office of
commissioner, and during his absence or disability, the first
deputy commissioner shall perform the duties of the office,
or, in case of the absence or disability of such first deputy,
the deputy commissioner who has been longest in the service
of the insurance department. The insurance commissioner
shall transmit forthwith to each register of probate and
insolvency the names of all corporate surety companies as
they become, or cease to be, qualified to do business in this
commonwealth.
General Acts, 1916. — Chaps. 41, 42. 29
Section 2. Chapters one hundred and forty-nine, four R«po!'i-
hundred and seven and six hinidred and eighty-four of the
acts of tlie year nineteen hundred and twelve are hereby
repealed.
Section 3. This act shall take effect upon its passage.
AiJiyroved March 15, 1916,
An Act to provide for the protection of flounders Chap. 41
IN WATERS ADJACENT TO BEVERLY AND MARBLEHEAD.
Be it enacted, etc., as follows:
Section 1. It shall be unlawful during the months of ora^ndcrs
Februarj'^, March, April and May to catch any flounders in waters
in any fyke or gill net or to set such a net during said months Beverly and
for the catching of flounders in any waters lying w^esterly '" '^''"* '
of a line drawn from Hospital Point Light, so-called, in
Beverly, to Peach's Point, so-called, in INIarblehead.
Section 2. The harbor master of Salem shall have Enforcement.
authority to enforce the provisions of this act as well as
any other persons having such authority under the general
laws or acting under authority of the board of commis-
sioners on fisheries and game.
Section 3. Whoever violates any provision of this act Penalty.
shall be punished by a fine not exceeding one hundred dollars,
or by imprisonment for a term not exceeding three months,
or by both such fine and imprisonment.
Apinoved March 15, 1916.
An Act relative to the registration and operation of Chap. 42
MOTOR vehicles OWNED BY NON-RESIDENTS RESIDING
WITHIN FIFTEEN MILES OF THE BOUNDARIES OF THIS
COMMONWEALTH.
Be it enacted, etc., as follows:
Section 1. Any person owning a motor vehicle who Registration,
resides in an adjoining state within fifteen miles of the vehic°L'^wned
boundary line of this commonwealth and who has complied non^.r^idents.
with the laws relative to motor vehicles and the operation
thereof in the state in which he resides, may, upon applica-
tion to the ]\Iassachusetts highway commission and the
payment of a fee of two dollars, have such motor vehicle
registered and may operate the same upon the highways
of this commonwealth within fifteen miles of the boundary
line of the state in which he resides, provided such state
30
General Acts, 1916. — Chap. 43.
Number plates
to be furnished.
Time of
taking effect.
grants similar privileges to residents of this commonwealth.
The foregoing privilege shall be in addition to any rights
or privileges granted to non-residents by the provisions of
existing law.
Section 2. The Massachusetts highway commission shall
furnish at its office, without charge, to every person whose
motor vehicle is registered as aforesaid, number plates of
suitable design with a distinguishing number or mark there-
on, which shall be displayed upon said motor vehicle in
the manner now provided by law for the display of number
plates.
Section 3. This act shall take effect on the first day of
July in the year nineteen hundred and sixteen.
A-pproved March 15, 1916.
Chap. 43 An Act to authorize cities and towns to lease voting
MACHINES.
1913, gSS, §251,
amended.
Purchase, lease
and use of
voting
machines.
Be it enacted, etc., as follows:
Section 1. Section two hundred and fifty-one of chapter
eight hundred and thirty-five of the acts of the year nineteen
hundred and thirteen is hereby amended by inserting after
the word "purchase", in the fifth and seventeenth lines,
the words: — or lease, — also by inserting after the word
"purchased", in the twenty-first and twenty-third lines,
the words: — or leased, — also by inserting after the word
"purchasing", in the twenty-eighth line, the words: — or
leasing, — so as to read as follows : — Section 251 . The
mayor and aldermen of a city, or the body corresponding
thereto, or a town, may, at a meeting held at least thirty
days before the primary or election at which the voting
machines are to be used, determine upon and purchase, or
lease, one or more voting machines approved as provided
in section two hundred and forty-nine, and order the use
thereof at primaries and elections of state, city or town
officers in such city or town; and thereafter at all primaries
and elections of state, city or town officers in that city or
town, until otherwise ordered by the aldermen in a city,
or the board corresponding thereto, and the selectmen
in a town, said machines shall be used at primaries and for
the purpose of voting for the officers to be elected at such
elections and for taking the vote upon the question of grant-
ing licenses for the sale of intoxicating liquors and upon
General Acts, 1916. — Chap. 43. 31
other questions submitted to the voters. In Boston, the
power to determine upon, purchase, or lease, and order the
use of voting machines shall be vested in a board consisting
of the election commissioners and the mayor; and the
expense so incurred shall be deemed an expense of the election
department of the city; and the machines so purchased,
or leased, shall be used at primaries and elections in that
city until otherwise ordered by said commissioners. Ma- How machines
chines purchased, or leased, may be paid for either by appro- feased^may be
priation, by the issue and sale of bonds, or by the issue and ^'^' ^°^'
delivery of certificates of indebtedness or other negotiable
obligations, of such amounts and payable at such times as
shall be determined by the board or officers purchasing, or
leasing, the machines.
For polling places in which voting machines are to be No ballots, etc.,
used no ballot boxes or ballots shall be furnished. where^m^wnea
Section 2. Section two hundred and fifty-six of chapter ^[^,^^^f: . „„
. iiiiii> f> i>i i>i • 191J, 000, § zoo,
eight hundred and thirty-nve oi the acts oi the year nineteen amended.
hundred and thirteen is hereby amended by inserting after
the word "purchasing", in the tenth line, the words: — or
leasing,- — and by inserting after the word "purchase", in
the fourteenth line, the word: — lease, — so as to read as
follows: — Section 256. When voting machines or ballot Persons of
, Till 11 1 -J. whom machines
boxes are purchased by the commonwealth or by a city or baiiot boxes
. , 1 p 1 J.1 1. • are purchased
or town, the person or persons oi whom the purchase is or leased to
made shall give to the secretary of the commonwealth, ^^n'shbond,
or city or town clerk, as the case may be, or in Boston to
the election commissioners, a bond with sufficient sureties
to keep such machines or ballot boxes in working order for
two years. Such persons shall also give a bond with sufficient
sureties, conditioned to defend and indemnify the common-
wealth or cities and towns purchasing, or leasing, and using
the machines or ballot boxes against any suit at law or in
equity and for any expense, damage or inconvenience which
they may incur or suffer by reason of any suit brought
against them for infringement of patents or other rights,
arising from the purchase, lease, or use of such machines
or ballot boxes.
Section 3. This act shall take effect upon its passage.
Ayyroved March 15, 1916.
32
General Acts, 1916. — Chaps. 44, 45.
Chap. 44 An Act to authorize the commissioner of weights and
MEASURES to ESTABLISH DISTRICT OFFICES.
Be it enacted, etc., as follows:
Section 1. District offices may be established by the
commissioner of weights and measures in such places and
on such terms as may be approved by the governor and
council.
Section 2. This act shall take effect upon its passage.
Approved March 16, 1916.
Commissioner
of weights and
measures may
establish
district offices.
1911, 220, § 1,
amended.
Chap. 45 An Act relative to the state inspector of apiaries
AND TO his deputies.
Be it enacted, etc., as follows:
Section 1. Section one of chapter two hundred and
twenty of the acts of the year nineteen hundred and eleven
is hereby amended by striking out the last two sentences
and inserting in place thereof the following : — The inspector
of apiaries, with the approval of the said board, may ap-
point such deputies as he may deem necessary. The in-
spector shall receive five hundred dollars annually for his
services under this act, and his travelling and other necessary
expenses, and may expend for office assistance such amount
as may be necessary. Each of his deputies shall receive a
sum not exceeding five dollars for each day of service, to be
fixed by the inspector of apiaries with the approval of the
said board, and his travelling and other necessary expenses,
— so as to read as follows: — Section 1. The state board
of agriculture shall annually appoint some person qualified
by scientific training and practical experience in bee keeping
to be state inspector of apiaries, who shall be responsible
to said board for the performance of his duties under this
act, and may be removed from office by said board for
neglect of duty or malfeasance in office. The inspector
of apiaries, with the approval of the said board, may ap-
point such deputies as he may deem necessary. The in-
spector shall receive five hundred dollars annually for his
services under this act, and his travelling and other neces-
sary expenses, and may expend for office assistance such
Compensation, amouut as may be necessary. Each of his deputies shall
receive a sum not exceeding five dollars for each day of
service, to be Gxed by the inspector of apiaries with the
State inspector
of apiaries,
appointment,
duties, etc.
May appoint
deputies.
General Acts, 1916. — Chap. 46. 33
approval of the said board, and his travelHng and other
necessary expenses.
Section 2. This act shall take effect upon its passage.
Approved March 16, 1916.
An Act relative to the powers of the dairy bureau Chap. 46
AND to the salary OF THE SECRETARY OF THE STATE
BOARD OF AGRICULTURE.
Be it enacted, etc., as follows:
Section 1. Section eleven of chapter eighty-nine of the r. l. 89, §ii,
Revised Laws is hereby amended by striking out the words ^™''°
"disseminate such information", in the seventeenth line,
and inserting in place thereof the words : — take such
action, — and by inserting after the word "thereof", in
the eighteenth line, the words: — and improve the dairy
industry, — and by inserting after the word "officer", in
the nineteenth line, the words: — and secretary, — and by
striking out all of the said section after the word "direction",
in the twentieth line, so as to read as follows : — Section Powers of dairy
11. The dairy bureau of the board of agriculture shall ''^''•''*"' *'*•'•
consist of three members of said board, one of whom shall
annually, before the first day of July, be appointed by the
governor, with the advice and consent of the council, for a
term of three years, or for such shorter term as he may
continue a member of the board. The governor may, at
any time, terminate the service of any member of said
bureau, and thereupon, or upon any member thereof ceasing
to be a member of the board, he may appoint another mem-
ber in his place. Each member of such bureau shall receive
five dollars for each day of actual service and his travelling
expenses, which shall be paid by the commonwealth out of
the fund provided for in the following section. The bureau,
under the general direction of the board of agriculture,
shall inquire into the methods of making butter and cheese
in creameries or cheese factories, investigate all dairy products
and imitation dairy products bought or sold within the
commonwealth, enforce the laws for the manufacture, transfer
and sale thereof, and shall take such action as will tend
to produce a better quality thereof and improve the dairy
industry. The secretary of the board of agriculture shall
be the executive officer and secretary of the bureau, subject
to its control and direction.
34
General Acts, 1916. — Chap. 47.
R. L. 89, § 4,
etc., amended.
Secretary of
state board of
agriculture,
salary
established.
Time of taking
effect.
Section 2. Section four of chapter eighty-nine of the
Revised Laws, as amended by chapter one hundred and
eighty-six of the acts of the year nineteen hundred and
eleven, and by chapter two hundred and fifty of the General
Acts of the year nineteen hundred and fifteen, is hereby
further amended by striking out the words "twenty-five
hundred", in the third and fourth lines, and inserting in
place thereof the words: — three thousand, — so as to read
as follows: — Section 4- The board may appoint, and pre-
scribe the duties of, a secretary, who shall receive an annual
salary of three thousand dollars, and who, with the ap-
proval of the board, may employ a first clerk at an annual
salary of eighteen hundred dollars, and may annually expend
for other clerical service a sum not exceeding five thousand
dollars. The secretary may arrange for lectures before the
board, and may issue for general distribution such publica-
tions as he considers best adapted to promote the interests
of agriculture; but the expense of such lectures and publi-
cations, unless otherwise provided for, shall be paid out of
the appropriation for the dissemination of useful informa-
tion in agriculture by the board.
Section 3. This act shall take effect as of the first day
of December in the year nineteen hundred and fifteen.
Approved March 17, 1916.
Loan.s and
surrender
values of life
insiu-anco
policies
regulated.
Chap. 47 An Act relative to loans and surrender values of
l,IFE INSURANCE POLICIES.
Be it enacted, etc., as follows:
Section 1. No policy of life or endowment insurance
providing for loans or surrender values, other than policies
of industrial insurance, shall be issued or delivered in this
commonwealth, unless it contains a provision that the com-
pany may, at its option, defer the granting of any loan,
other than to pay premiums on policies in the company,
and may, at its option, defer the granting of any surrender
value, for a period not exceeding ninety days from the date
of the application for such loan or surrender value: pro-
vided, that a foreign insurance company may issue in this
commonwealth any policy containing provisions required
by the laws of its own state respecting the deferring of loans
or granting surrender values, and a domestic company may
issue in other states policies which contain provisions re-
Proviso.
General Acts, 1916. — Chap. 48. 35
lating to the deferring of loans or granting surrender values
required by the laws of such states.
Section 2. This act shall take effect on the first day of Jj|^^ "^ ^^'^''^^
January, nineteen hundred and seventeen; but any life
insurance company may insert in policies issued or delivered
in this commonwealth after the passage of this act and prior
to said date, the provision set forth in section one hereof.
A'pyroved March 21, 1916.
An Act relative to the sale of wild fruits, berries Chap. 48
AND FLOWERS.
Be it enacted, etc., as follows:
Section 1. Chapter sixty-five of the Revised Laws, as r. l. es, §15,
amended in section fifteen thereof by chapter three hundred
and seventy-seven of the acts of the year nineteen hundred
and five, and by chapter three hundred and forty-five of
the acts of the year nineteen hundred and six, is hereby
further amended by striking out all of said section fifteen
and inserting in place thereof the following: — Section 15. peXre'^may'^
Hawkers and pedlers may sell without a license books, news- seii certain
/ •' . . . . .11 goods without
papers, pamphlets, fuel, provisions, ice, live animals, brooms, license.
agricultural implements, hand tools used in making boots
and shoes, wild or uncultivated fruits, and berries and wild
flowers, and the products of their own labor or of the labor
of their families, including among such products fruits and
agricultural products, if such sale is not made in violation of
an ordinance or by-law of the city or town. Cities and cities and
, . , , '^ . . . , towns may
towns may by ordinance or by-law not inconsistent with regulate sales.
the provisions of this chapter regulate the sale and exposing
for sale by hawkers and pedlers of said articles, and may
affix penalties for the violation of such regulations; and
may require hawkers and pedlers of fruit and vegetables to
be licensed, provided that the license fee does not exceed
that prescribed by section nineteen of chapter sixty-five of
the Revised Laws and amendments thereto for a license
embracing the same territorial limits. But a person engaged ^^''^^ggn^ru^t"^
in the pursuit of agriculture who peddles fruits and vege- and vegetables,
tables shall not be deemed a hawker or pedler under the
provisions of this chapter. Approved March 21, 1916.
36
General Acts, 1916. — Chaps. 49, 50, 51.
Chap. 49 An Act relative to the membership of the state board
OF agriculture.
Be it enacted, etc., as follows:
Section 1. Chapter eighty-nine of the Revised Laws, as
amended in section one thereof by section four of chapter
one hundred and sixteen of the acts of the year nineteen
hundred and two, is hereby further amended by striking
out said section one and inserting in place thereof the fol-
lowing: — Section 1. The governor, ex officio, the presi-
dent of the agricultural college, the state forester, the secre-
tary of the state board of agriculture, the commissioner of
animal industry, one person appointed by and from the
state federation of county leagues and farm bureaus, one
person appointed by and from the Massachusetts society
for promoting agriculture, one person appointed by and
from each agricultural society which receives an annual
bounty from the commonwealth, and three other persons
appointed by the governor, with the advice and consent of
the council, shall constitute the state board of agriculture.
Section 2. This act shall take effect upon its passage.
Approved March 21, 1916.
R. L. 89, § 1.
etc., amended.
State board of
agriculture,
memberahip,
etc.
Chap. 50 An Act to prohibit the use of seines in essex river
and the tributaries thereof.
Be it enacted, etc., as follows:
iY/Esiefdw, Section 1. It shall be unlawful to use any kind of seine
etc., prohibited, f^j. ^]^g purposc of taking herring or other fish in the waters
of Essex river or the tributaries thereof.
Penalty. SECTION 2. Any violation of this act shall be punished
for a first offence by a fine of not less than twenty-five or
more than fifty dollars, or by imprisonment for not less
than thirty or more than sixty days, or by both such fine
and imprisonment, and for a second offence, by both such
fine and imprisonment. Approved March 21, 1916.
Chap. 51 An Act to regulate the setting of fires in the open
AIR.
Be it enacted, etc., as follows:
Setting of fires Section 1. It shall bc uulawful within any city or
in open air , , , _ . ,
regulated. town for any person to set, maintain or mcrease a fare in the
General Acts, 1916. — ^ Chap. 51. 37
open air between the first day of March and the first day
of December except by written permission of the fire pre-
vention commissioner for the metropohtan district within
the said district, or of the forest warden or chief of the fire
department in other cities and towns, or, in cities that have
such an official, the fire commissioner: -provided, that debris Provisos.
from fields, gardens and orchards, and leaves and rubbish
from yards may be burned on ploughed fields b}' the owners
thereof, their agents or lessees; and "provided, further, that
persons above the age of eighteen years may set or maintain
a fire for a reasonable purpose upon sandy land, or upon
salt marshes or sandy or rocky beaches bordering upon tide
water, if the fire is enclosed within rocks, metal or other
non-infiammable material. In every case such a fire shall
be at least two hundred feet distant from any sprout or
forest land, and at least fifty feet distant from any building,
and shall be properly attended until it is extinguished. The
forest wardens in towns and officials performing the duties
of forest wardens in cities shall cause public notice to be
given of the provisions of this section and shall enforce the
same. Whoever violates any provision of this section shall Penalty.
be punished by a fine of not more than one hundred dollars,
or by imprisonment for not more than one month, or by
both such fine and imprisonment.
Section 2. The provisions of the preceding section Restrictions.
shall not apply to fires which may be set, maintained or in-
creased within the metropolitan district in accordance with
regulations and methods approved by the fire prevention
commissioner for the said district, nor to fires which may be
set for the purpose of suppressing gypsy and brown tail
moths in accordance with regulations and methods approved
by the state forester, nor to fires set or increased within the
limits of any public wa}^ by the employees of the common-
wealth or of any county, city or town in the performance
of public work.
Section 3. The state forester shall notify the forest Forest wardens
warden in every town and the official performing the duties
of forest warden in every city in the commonwealth of the
passage of this act.
Section 4. The state forester, the state fire warden or Certain officials
any duly authorized assistant of the state forester, forest SrestT.'*''^
wardens in towns and officials performing the duties of
forest wardens in cities, or any duly appointed deputy forest
warden may arrest without warrant any person found in
Fee for SECTION 1. The fee for the registration of motor trucks
motortrucks owHcd by citles and towns of this commonwealth and used
38 General Acts, 1916. — Chaps. 52, 53, 54.
the act of setting, maintaining or increasing a fire in viola-
tion of the provisions of this act.
Repeals. SECTION 5, Sectiou twcuty-four of chapter thirty-two
of the Revised Laws, and chapter two hundred and nine of
the acts of the year nineteen hundred and eight, as amended
by chapter two hundred and forty-four of the acts of the
year nineteen hundred and eleven and by sections three
and four of chapter four hundred and nineteen of the acts
of the year nineteen hundred and twelve are hereby re-
pealed. Approved March 21, 1916.
Chap. 52 An Act relative to fees for the registration of motor
TRUCKS OWNED BY CITIES AND TOWNS.
Be it enacted, etc., as follows:
and'town^s.'" "'^ solely for municipal business shall, after the thirty-first day
of December, nineteen hundred and sixteen, be two dollars.
vi^ions^MT Section 2. So much of section twenty-nine of chapter
to apply. gyrg hundred and thirty-four of the acts of the year nineteen
hundred and nine, and the amendments thereof, as is in-
consistent herewith shall not apply to the provisions hereof.
Approved March 21, 1916.
Chap. 53 An Act relative to the annual report of deaths re-
quired to be made to the state department of health
by boards of health in certain towns.
Be it enacted, etc., as follows:
^ertamannuli Section 1. Scction tw^clvc of chapter seventj'-five of
reports to be thc Rcviscd Laws, w^hich requires certain annual reports to
be made by boards of health in certain towns, is hereby
repealed.
Section 2. This act shall take effect upon its passage.
Approved March 21, 1916.
Chap. 54 An Act relative to the retirement of teachers and
OTHER employees IN TRAINING SCHOOLS MAINTAINED
UNDER THE DIRECTION OF THE BOARD OF EDUCATION.
Be it enacted, etc., as follows:
Sere^etc"! Section 1. All pcrsous employed as teachers in training
training'" schools maintained and controlled by the board of educa-
schooisT tion shall be considered as public school teachers for the
General Acts, 1916. — Chap. 54. 39
purposes of chapter eight hundred and thirty-two of the
acts of the year nineteen hundred and thirteen and acts in
amendment thereof and in addition thereto, and such a
teacher upon becoming a member of the Teachers' Retire-
ment Association shall thereafter pay to the Teachers'
Annuity Fund assessments based upon his total salary in-
cluding the part paid by the commonwealth: provided, that Proviso.
the total assessments shall not exceed one hundred dollars
in any one year. Such assessments shall be deducted in
accordance with rules and regulations prescribed by the
teachers' retirement board. Nothing herein contained
shall apply to teachers regularly employed in the normal
schools who devote some time to training school work, and
are therefore subject to the provisions of chapter five hun-
dred and thirty-two of the acts of the year nineteen hundred
and eleven, and acts in amendment thereof and in addition
thereto.
Section 2. Teachers now members of the association Certain
established by chapter five hundred and thirty-two of the hTvefuii''
acts of the year nineteen hundred and eleven and acts in contribuUons.
amendment thereof and in addition thereto, who, under
the provisions of this act, become members of the retire-
ment association established by chapter eight hundred and
thirty-two of the acts of the year, nineteen hundred and
thirteen, and acts in amendment thereof and in addition
thereto, shall have the full amount of their contributions,
together with such interest as shall have been earned thereon,
transferred in the manner prescribed by chapter one hun-
dred and ninety-seven of the General Acts of the year nine-
teen hundred and fifteen.
Section 3. All other persons employed in the training Employees of
schools maintained and controlled by the board of educa- ternrdo'fiMd. ''
tion in buildings owned by the commonwealth shall be con-
sidered employees of the commonwealth for the purposes of
chapter five hundred and thirty-two of the acts of the year
nineteen hundred and eleven, and acts in amendment
thereof and in addition thereto. All other persons employed
in the training schools maintained and controlled by the
board of education in buildings not owned by the com-
monwealth shall not be considered employees of the com-
monwealth for the purposes of said act.
Section 4. This act shall take effect on the -first day of Jj™^ ""^ ^^^"^^
July, nineteen hundred and sixteen.
Ayyroved March 21, 1916.
40
General Acts, 1916. — Chaps. 55, 56.
R. L. 75, § 52,
etc., amended.
ChaV 55 ^^ ^^'^ REQUIRING LOCAL BOARDS OF HEALTH TO NOTIFY
THE STATE DEPARTMENT OF HEALTH OF CASES OF DANGER-
OUS DISEASES.
Be it enacted, etc., as follows:
Section 1. Section fifty-two of chapter seventy-five of
the Revised Laws, as amended by section one of chapter
four hundred and eighty of the acts of the year nineteen
hundred and seven, is hereby further amended by striking
out the words "smallpox, diphtheria, scarlet fever or of any
other", in the third line, and inserting in place thereof
the word: — any, — by striking out the word "board", in
the fourth and sixth lines, and inserting in place thereof
the word : — department, — and also by striking out the
words "the secretary thereof shall forthwith transmit a
copy of such notice to the state board of charity", in the
eighth and ninth lines, and inserting in place thereof the
words : — upon request the state department of health shall
forthwith certify any such reports to the state board of
charity, — so as to read as follows : — Section 52. If the
board of health of a city or town has had notice of a case of
any disease declared by the state department of health to
be dangerous to the public health therein, it shall within
twenty-four hours thereafter give notice thereof to the state
department of health stating the name and the location of
the patient so afflicted, and upon request the state depart-
ment of health shall forthwith certify any such reports to
the state board of charity.
Section 2. This act shall take effect upon its passage.
Approved March 21, 1916.
Local boards
of health to
notify state
department of
health of cases
of dangerous
Chap. 56 An Act to enable the metropolitan park commission
TO EMPLOY POLICE OFFICERS FOR TEMPORARY SERVICE.
Metropolitan
park commis-
sion may
employ police
officers for
temporary
eervice.
Provisos.
Be it enacted, etc., as follows:
Section 1. The metropolitan park commission is au-
thorized to appoint and employ as a call officer for temporary
police duty on reservations and parkways under its control,
any member of the reserve police force of any city or town
within the metropolitan parks district, or any person on
the list of the civil service commission as eligible for ap-
pointment to any such reserve police force: provided, that
no such person shall so be employed for more than six
months, in all, in any calendar year; and provided, also,
General Acts, 1916. — Chap. 56. 41
that the assent of the chief of poHce of the city or town shall
first be obtained for the employment of any member of the
reserve police force of such city or town as herein provided.
Employment by the said commission of any such reserve
police officer shall not prevent his employment by the city
or town in which he resides whenever his services may be
required by the chief of police of the city or town.
Section 2. Any person appointed or employed in accord- dSs^ ^"'^
ance with the provisions of this act shall, while on duty,
have all the powers and authority conferred upon police
officers of the metropolitan park commission by section
three of chapter one hundred and twenty-one of the acts of
the year eighteen hundred and ninety-seven.
Section 3. The metropolitan park commission may, at Retirement.
the request of any such call officer, if in the judgment of
said commission he is disabled for useful service as such
call officer, retire him from active service and place him
upon the pension roll; providing a physician selected by
the commission certifies in writing that such officer is per-
manently disabled, either mentally or physically, and th^at
by reason of injuries sustained through no fault of his in
the actual performance of his duty as a call officer he is
unable further to perform his duty as such officer; and
every member so retired shall annually receive a pension
equivalent to one half of what his annual compensation
for continuous service throughout the year would have been
at the rate of pay he received from said commission at
the time when he received the injury.
Section 4. The provisions of section twenty-three of provtsions
chapter nineteen of the Revised Laws, and of chapter three °°* *° '^pp'^-
hundred and fourteen of the acts of the year nineteen hun-
dred and four shall not apply to the retirement of a police
officer employed under this act.
Section 5. If any officer employed under this act shall ^[dows'I^dT
die from injuries received while in the discharge of his duty children.
as an employee of the said commission, and shall leave a
widow or, if no widow, any child or children under the age
of sixteen years, a sum not exceeding six hundred dollars
may be paid as an annuity to the widow so long as she re-
mains unmarried, or for the benefit of the child or children
so long as he or any one of them continue under the age of
sixteen years, and the metropolitan park commission may. Commission
from time to time, determine the amount of such annuity amoun™r°
within the limits aforesaid. annuity.
42
General Acts, 1916. — Chap. 57.
Pensions and
annuities,
how paid.
Proviso.
Section 6. Pensions and annuities granted under this
act and any expenses connected therewith shall be paid out
of the appropriations for the MetropoHtan Parks Mainte-
nance Fund: provided, however, that such pensions, annuities
and expenses shall not be paid out of any general appropria-
tions made for the maintenance of lands, reservations or
parkways under the care and control of said commission,
but shall be provided for by specific appropriations for the
• purpose.
Section 7. This act shall take effect upon its passage.
Apiwoved March 21, 1916.
Chap, bl An Act relative to claims of cities and towns for the
CARE OF TUBERCULOSIS CASES.
1911, 597, § 1,
etc., amended.
Subsidy for
cities and towns
for care of tuber- '[ _
culosis cases
Time limit
for approval
of claims.
Be it enacted, etc., as follows:
Section one of chapter five hundred and ninety-seven of
the acts of the year nineteen hundred and eleven, as amended
by section one of chapter six hundred and thirty-seven of
the acts of the year nineteen hundred and twelve, is hereby
further amended by striking out the said section and insert-
ing in place thereof the following new section : — Section
Every city or town which places its patients suffering
from tuberculosis in a municipal or incorporated tuber-
culosis hospital in this commonwealth, or in a building or
ward set apart by a municipal or incorporated hospital
in this commonwealth for patients suffering from tuber-
culosis, shall be entitled to receive from the commonwealth
a subsidy of five dollars a week for each patient who is
unable to pay for his support, or whose kindred bound by
law to maintain him, are unable to pay for the same; but
a city or town shall not become entitled to this subsidy
unless, upon an examination authorized or approved by the
trustees of hospitals for consumptives, the sputum of such
patients is found to contain bacilli of tuberculosis, nor unless
the hospital building or ward is approved by said trustees,
who shall not give such approval unless they have by au-
thority of law, or by permission of the hospital, full authority
to inspect the same at all times. Said trustees may at any
time withdraw their approval. They shall not approve
claims for subsidy hereunder for more than thirty days
prior to the date when notice is mailed to them that a subsidy
in any given case is claimed. Approved March 21, 1916.
General Acts, 1916. — Chaps. 58, 59. 43
An Act relative to the false stampincx and labelling Chap. 58
OF receptacles containing articles of food and mis-
representation in the sale of food products.
Be it enacted, etc., as folloivs:
Section twentv-four of chapter seventv-five of the Revised ^ l. 75, § 24
1111 i"iiii> • ^^''•' amended.
Laws, as amended by chapter two hundred and thirty-six
of the acts of the year nineteen hundred and five and by
chapter three hundred and five of the acts of the year nine-
teen hundred and six, and by chapter seven hundred and
ninety-five of the acts of the year nineteen hundred and
thirteen, is hereby further amended by striking out the said
section and inserting in place thereof the following : — Sec- Penalty for
tion 24- Whoever falsely stamps or labels any cans, jars etc^!ofX;ep-^'
or other packages containing fruit or food of any kind, or ing'lrt'icre^'"""
permits such stamping or labelling, or, except as hereinafter °^ ^°°'^-
provided, violates any provision of sections sixteen to twenty-
seven, inclusive, or sells or exposes for sale any meat or meat
preparation, and falsely represents the same to be kosher,
or as having been prepared in conformity with the orthodox
Hebrew requirements; or falsely represents any food
product or the contents of any package or container to have
been so prepared, by having or permitting to be inscribed
thereon the word " Kosher" in any language, shall be punished
by a fine of not less than twenty-five or more than five
hundred dollars; and whoever knowingly sells such goods
so falsely stamped or labelled shall be punished by a fine of
not less than ten or more than one hundred dollars.
Approved March 21, 1916,
An Act relative to the holding of annual town Qhav 59
meetings.
Be it enacted, etc., as follows:
Section 1. Chapter two hundred and eighty-four of the 1015,284 (G),
General Acts of the year nineteen hundred and fifteen is ^' '*'"""
hereby amended by striking out section one and inserting in
place thereof the following new section: — Section 1. Any Date of certain
town, upon its acceptance of this act, may provide that meethi&s°''"
the election of town officers and the vote on the question
of granting liquor licenses shall take place at any time
within a week before or after the meeting held for the trans-
44
General Acts, 1916. — Chaps. 60, 61,
action of all other business. The time and place of holding
the meeting for such election and vote shall be stated in
the warrant for the annual town meeting, and all the meet-
ings above mentioned, or any adjournment thereof, shall be
deemed parts of the annual town meeting.
Section 2. This act shall take effect upon its passage.
Approved March 21, 1916.
Chap. 60 An Act relative to refunds to members of the
teachers' retirement association who withdraw
FROM the service OF THE PUBLIC SCHOOLS.
Be it enacted, etc., as follows:
Section 1. Section seven of chapter eight hundred and
thirty-two of the acts of the year nineteen hundred and
thirteen is hereby amended by striking out paragraph (2)
and inserting in place thereof the following new paragraph: ^
— (2) If such withdrawal shall take place before six annual
assessments have been paid, the total amount to which such
member is entitled as determined by the retirement board
under the provisions of this act may be paid to him in one
sum.
Section 2. Paragraph (3) of section seven of said
chapter eight hundred and thirty-two is hereby amended by
striking out the word "ten", in the first line, and inserting
in place thereof the word : — six, — so as to read as fol-
lows : — (3) If such withdrawal shall take place after six
annual assessments have been paid the amount so refunded
shall be in the form of such annuity for life based on the
contributions of such member, together with regular interest
thereon, as may be determined by the retirement board
according to its annuity tables, or in four annual instal-
ments, as such member may elect.
Section 3. This act shall take effect upon its passage.
Approved March 21, 1916.
Chap. 61 An Act relative to the penalty for taking, selling
OR HAVING IN POSSESSION SHORT LOBSTERS.
Be it enacted, etc., as follows:
Section eighty-eight of chapter ninety-one of the Revised
Laws, as amended b}^ chapter three hundred and three of
the acts of the year nineteen hundred and seven, is hereby
further amended by inserting after the word "not", in the
eighth line, the words: — less than two or, — and by adding
1913, 832, § 7,
amended.
Withdrawal of
members of
teachers'
retirement
association.
1913, 832, § 7,
amended.
Form of
annuity, etc.
R. L. 91, § 88,
etc., amended.
General Acts, 1916. — Chap. 62. 45
at the end thereof the words: — This act shall not apply
to common carriers having lobsters in possession for the
purpose of transportation, — so as to read as follows: —
Section 88. Whoever sells or offers for sale or has in his Penalty for
, J , 1 , 1 , , . .1 • taking, selling
possession an uncooked lobster less than nnie mcnes m or having in
length, or a cooked lobster less than eight and three quarters i^blferT"
inches in length, measuring from the extremity of the bone
protruding from the head to the end of the bone of the
middle flipper of the tail of the lobster, extended on its
back its natural length, shall forfeit not less than two or
more than five dollars for every such lobster, one half to
the use of the city or town in which the ofTence is committed
and one half to the Commonwealth; and in all prosecutions
under the provisions of this section any mutilation of a
lobster, cooked or uncooked, which affects its measure-
ment shall be prima facie evidence that the lobster is less
than the required length and the possession of any lobster,
cooked or uncooked, which is not of the required length
shall be prima facie evidence to convict. This act shall Restriction.
not apply to common carriers having lobsters in possession
for the purpose of transportation.
Ajjproved March 21, 1916.
An Act relative to the payment by cities and towns Chap. 62
OF BONDS ISSUED FOR WATER SUPPLY PURPOSES.
Be it enacted, etc., as follows:
Section 1. Section fourteen of chapter seven hundred i9i3, tio § h,
and nineteen of the acts of the year nineteen hundred and
thirteen is hereby amended by adding at the end thereof
the following : — provided, however, that in the case of bonds
or notes issued in accordance with clause (2) of section
six of this act the first of such annual payments shall be
made not later than three years after the date of the bonds
or notes issued therefor, — so as to read as follows : — Sec- Payment by
,. i I r^'^' ^ J. Ill J. - J. ■ ui cities and towns
tion I4. Cities and towns shall not issue any notes payable of bonds issued
on demand, and they shall provide for the payment of all suppiy*^'^
debts, except those incurred under the provisions of sections p^^'pos^s-
three, four and nine, by such annual payments as will ex-
tinguish the same at maturity, and so that the first of such
annual payments on account of any loan shall be made not '
later than one year after the date of the bonds or notes
issued therefor, and so that the amount of such annual
payments in any year on account of such debts, so far as
46 General Acts, 1916. — Chap. 63.
issued, shall not be less than the amount of principal payable
in any subsequent year, and such annual amount, together
with the interest on all debts, shall, without further vote.
Proviso. be assessed until the debt is extinguished: provided, how-
ever, that in the case of bonds or notes issued in accordance
wdth clause (2) of section six of this act the first of such
annual payments shall be made not later than three years
after the date of the bonds or notes issued therefor.
amendld*^^'^^' ^ECTioN 2. Scctiou five of chapter eighty-five of the
General Acts of the year nineteen hundred and fifteen is
hereby amended by adding at the end thereof the follow-
ing : — ■provided, however, that the first of such annual pay-
ments on account of a loan incurred for the original con-
struction or purchase of a water works system shall be
made not later than three years after the date of the bonds
d^tnlts to ^^ notes issued therefor, — so as to read as follows : — Sec-
providofor //o/i 5. Districts sliall uot issue any notes pa^'able on
annual pay- . , ,, in • ^ p ^ i>ii
ments on notes, demand, and they shall provide tor the payment or all
debts, except those incurred under the provisions of sec-
tions three and nine of chapter seven hundred and nineteen
of the acts of the year nineteen hundred and thirteen, as
amended, by such annual payments as will extinguish the
same at maturity, and in such manner that the first of such
annual payments on account of any loan shall be made not
later than one year after the date of the bonds or notes
issued therefor, and that the amount of the annual pay-
ment in any year on account of any such debt, so far as it
may be issued, shall not be less than the amount of principal
payable in any subsequent year; and such annual amounts,
together with the interest on all debts, shall, without further
Proviso. vote, be assessed until the- debt is extinguished: 'provided,
however, that the first of such annual payments on account
of a loan incurred for the original construction or purchase
of a water works system shall be made not later than three
years after the date of the bonds or notes issued therefor.
Section 3. This act shall take effect upon its passage.
Approved March 21, 1916.
Chap. 63 An Act relative to the packing, grading and sale of
APPLES.
Be it enacted, etc., as follows:
Imended!^^'^^' SECTION 1. Chapter two hundred and sixty-one of the
General Acts of the vear nineteen hundred and fifteen "is
General Acts, 1916. — Chap. 63. 47
hereby amended by striking out section two and inserting in
place thereof the following: — Section 2. The standard ^p'^i^^j^^^gj^^j
grades of apples when packed or repacked in closed packages "Massachusetts
within this commonwealth shall be as follows: — "Massa- Fancy."
chusetts Standard Fancy" shall include only apples of one
variety which are well matured specimens, hand-picked,
above medium color for the variety, normal shape, of good
and reasonably uniform size, sound, free from disease,
insect and fungus injury, bruises and any other defects
except such as are necessarily caused in the operation of
packing, and shall be packed properly in clean, strong
packages: 'provided, that apples of one variety which are Proviso,
not more than three per cent below the foregoing speci-
fications may be graded as " Massachusetts Standard
Fancy".
"Massachusetts Standard A" shall include only apples "Massachusetts
of one variety which are well matured specimens, properly Standard a.
packed, of medium color for the variety, normal shape,
sound, practically free from disease, insect and fungus
injury, bruises and other defects except such as are neces-
sarily caused in the operation of packing: provided, that Proviso.
apples of one variety which are not more than five per cent
below the foregoing specifications may be graded as "Mas-
sachusetts Standard A".
"Massachusetts Standard B" shall include only apples "Massachusetts
of one variety, which are well matured, properly packed,
practically normal shape, practically free from disease,
insect and fungus injury or any other defect that materially
injures the appearance or useful quality of the apples, and
which may be less than medium color for the variety: pro- Proviso.
vided, that apples of one variet,y which are not more than
ten per cent below the foregoing specifications may be
graded as "Massachusetts Standard B".
"Ungraded". Apples not conforming to the foregoing "Ungraded."
specifications of grade, or, if conforming, not branded in
accordance therewith, shall be classed as ungraded and so
branded.
Section 2. Section three of said chapter two hundred amended*^^'^^'
and sixty-one is hereby amended by striking out the word
"two", in the fifth line, and by inserting in place thereof
the word : — five, — • so as to read as follows : — Section 3. d^ignation
The marks indicating the grade, as above prescribed, may of grades.
be accompanied by any other designation of grade or brand
if such designation is not inconsistent with, or marked more
48
General Acts, 1916. — Chap. 64.
1915, 261(G), §8,
amended.
Adulterated
apples, term
defined.
1915, 261 (G),
§ 10, amended.
Cold storage
apples.
conspicuously on the package than, the mark or marks
required by section five of this act.
Section 3. Section eight of said chapter two hundred
and sixty-one is hereby amended by adding at the end there-
of the words : — or if the faced or shown surface gives a
false representation of the contents of the package, — so as
to read as follows : — Section 8. For the purposes of this
act, apples packed in a closed package shall be deemed to
be adulterated if their measure, quality or grade does not
conform in every particular to the brand or mark upon or
affixed to the package, or if the faced or shown surface gives
a false representation of the contents of the package.
Section 4. Section ten of said chapter two hundred and
sixty-one is hereby amended by striking out all of said section
after the word "agriculture", in the fifth line, so as to read
as follows: — Section 10. Apples which have been in cold
storage shall not be sold or distributed, or offered or exposed
for sale or distribution, in closed packages until they have
been inspected in accordance with rules and regulations to
be prescribed by the secretary of the state board of agri-
culture. Ajjproved March 22, 1916.
Chap. 64 An Act relative to the issue of securities by hydro-
electric COMPANIES.
Issue of
stock, etc., by
hydro-electric
companies.
Be it enacted, etc., as follows:
Section 1. An electric company which owns or oper-
ates an hydro-electric plant or plants may, subject to all
provisions of law governing the issue of capital stock by
electric companies, issue preferred stock to such amount,
not exceeding twice the amount of the general or common
stock then outstanding, as the board of gas and electric
light commissioners may from time to time approve; and,
in approving, under the provisions of section thirty-nine of
chapter seven hundred and forty-two of the acts of the
year nineteen hundred and fourteen, the issue of stock
or bonds by an hydro-electric company which has thereto-
fore issued and has outstanding stock or bonds for which
the approval of said board was not required, the board
may direct that such new stock or bonds shall bear some
distinctive designation.
Section 2. This act shall take effect upon its passage.
Approved March 22, 1916.
General Acts, 1916. — Chaps. 65, 66. 49
An Act to increase the appropriation for the en- Chap. 65
FORCEMENT OF THE STATUTES RELATIVE TO EXPLOSIVES
AND INFLAMMABLE FLUIDS AND COMPOUNDS.
Be it enacted, etc., as follows:
Section 1. Chapter four hundred and twenty-one of ^^'^^;^^2i. § '•
the acts of the year nineteen hundred and fourteen is hereby
amended by striking out section one and inserting in place
thereof the following: — Section 1. There shall annually Appropriation
" „ , for enforcement
be allowed and paid out of the treasury of the common- of statutes
wealth, from the first day of December, nineteen hundred explosives, etc.,
and fifteen, a sum not exceeding two thousand seven hun- ^'^'^'^^^^ ■
dred and fifty dollars, to be expended by the chief of the
district police for the employment of expert assistance to
aid in the enforcement of the statutes relative to explosives
and inflammable fluids and compounds.
Section 2. This act shall take effect upon its passage.
Approved March 22, 1916.
An Act relative to the employment of certain minors Chap. 66
IN THE summer SEASON.
Be it enacted, etc., as follows:
The second paragraph of section seventeen of chapter lois. 779. § 17,
seven hundred and seventy-nine of the acts of the year ^'"''"
nineteen hundred and thirteen is hereby amended by adding
at the end thereof the following: — provided, hoioever, that
children who are over fourteen but under sixteen years of
age and who do not possess such ability to read, write and
spell in the English language as is required for the com-
pletion of the fourth grade of the public schools of the city
or town in which they reside, may be granted an employ-
ment certificate good for the summer vacation, subject to
all other provisions relating to the employment of children
between fourteen and sixteen years of age, — so that said
second paragraph will read as follows : — No such school Employment
record shall be issued or accepted and no employment "^'^^^j*^}]^^,
certificate shall be granted unless the child possesses the
educational qualifications enumerated in section one of
chapter forty-four of the Revised Laws as amended by
section one of this act: provided, hoivever, that children who Proviso.
are over fourteen but under sixteen years of age and who
do not possess such ability to read, write and spell in the
summer season.
50
General Acts, 1916. — Chap. 67.
English language as is required for the completion of the
fourth grade of the public schools of the city or town in
which they reside, may be granted an employment cer-
tificate good for the summer vacation, subject to all other
provisions relating to the employment of children between
fourteen and sixteen years of age.
Approved March 22, 1916.
1909, 504, § 32,
anionded.
Chap. 67 An Act relative to the qualifications of physicians
CERTIFYING TO INSANITY.
Be it enacted, etc., as jollows:
Section thirty-two of chapter five hundred and four of
the acts of the year nineteen hundred and nine is hereby
amended by adding at the end thereof the words : — except
that one physician on the medical staff of the psychopathic
department of the Boston state hospital who is duly qualified
as hereinbefore provided, and who shall be designated by
the state board of insanity, may sign certificates for the
commitment of insane persons who have been admitted to
that department for temporary care pending the determina-
tion of their insanity or as voluntary inmates, and who are
to be committed to the Boston state hospital, but such
physician, if a salaried officer of the said hospital, shall
not be entitled to any fees, — so as to read as follows: —
Section 32. A physician shall not make a certificate of
insanity unless he makes oath that. he is a graduate of a
legally chartered medical school or college, that he has been
in the actual practice of medicine for three years since his
graduation and for three years last preceding the making of
said oath, and that he is registered in accordance with the
provisions of chapter seventy-six of the Revised Laws, nor
unless his standing, character and professional knowledge of
insanity are satisfactory to the judge. A physician who
makes such certificate shall have examined the alleged
insane person within five days of his signing and making
oath to the certificate, and shall state therein that in his
opinion such person is insane and a proper subject for treat-
ment in a hospital for the insane, and the facts on which
his opinion is based. A copy of the certificate, attested by
the judge, shall be delivered with the insane person to the
superintendent of the hospital or receptacle to which the
person shall have been committed, to be kept on file with
the order of commitment, and he shall forthwith transmit
Qualifications
of physicians
certifying to
insanity.
Attested
certificate to
accompany in-
sane person.
General Acts, 1916. — Chap. 68. 51
to the state board of insanity copies of such certificate, of
the statement required by the provisions of section thirty-
three and of the order of commitment. A certificate bearing Restrictions.
date more than ten days prior to the commitment of any
person alleged to be insane shall be void, and no certificate
shall be valid or received in evidence if signed by a physician
holding any ofhce or appointment, other than that of con-
sulting or advisory physician, in a hospital or receptacle for
the insane to which such person is committed, except that
one physician on the medical staff of the psychopathic de-
partment of the Boston state hospital who is duly qualified
as hereinbefore provided, and who shall be designated by
the state board of insanity, may sign certificates for the
commitment of insane persons who have been admitted to
that department for temporary care pending the determina-
tion of their insanity or as voluntary inmates, and who are
to be committed to the Boston state hospital, but such
physician, if a salaried officer of the said hospital, shall not
be entitled to any fees. Aj^proved March 22, 1916.
An Act relative to assessors in cities where assessors Chap. 68
ARE elected.
Be it enacted, etc., as follows:
Section 1. Section sixteen of Part I of chapter two lois, 267 (G),
hundred and sixty-seven of the General Acts of the year amended. '
nineteen hundred and fifteen is hereby amended by insert-
ing after the word "committee", in the third line, the
words : — and assessors if assessors are elected by the people,
— so as to read as follows: — Section 16. No primary or certain cities
caucus for municipal officers shall be held. Candidates pdmaryVr
for mayor, city council and school committee, and assessors ^Sipai
if assessors are elected by the people, shall be nominated offices.
in accordance with the provisions of section one hundred
and ninety-eight of Part II of chapter eight hundred and
thirty-five of the acts of the year nineteen hundred and
thirteen.
Section 2. Section seventeen of Part I of the said p^Vu"^§iP^'
chapter two hundred and sixty-seven is hereby amended by amended,
inserting after the word "councillors-elect", in the second
and third lines, the words: — and assessors-elect, if such
assessors are elected by the people, — so as to read as fol-
lows: — Section 17. On the first ]\Ionday in January at Certain officials
ten o'clock in the forenoon, the mayor-elect and the council- time, etc.
52
General Acts, 1916. — Chaps. 69, 70.
Municipal
court of Boston
may appoint
a seventh as-
sistant clerk,
etc.
R. L. 160, § 64,
etc., amended.
lors-elect, and assessors-elect, if such assessors are elected
by the people, shall meet and be sworn to the faithful dis-
charge of their duties. The oath may be administered by
the city clerk or by any justice of the peace, and a certificate
that such oath has been taken shall be entered on the journal
of the city council. At any meeting thereafter the oath
may be administered in the presence of the city council
to the mayor, or to any councillor absent from the meeting
on the first Monday in January.
Ayyroved March 22, 1916.
Chap. 69 An Act to provide an additional assistant clerk and
AN additional COURT OFFICER IN THE MUNICIPAL COURT
OF THE CITY OF BOSTON.
Be it enacted, etc., as follows:
Section 1. The clerk of the municipal court of the
city of Boston for civil business may appoint, in the manner
provided by section fifty-eight of chapter one hundred and
sixty of the Revised Laws, a seventh assistant clerk, who
shall receive a salary of seventeen hundred dollars annually.
Section 2. Section sixty-four of chapter one hundred
and sixty of the Revised Laws, as amended by chapter three
hundred and eighty-six of the acts of the year nineteen
hundred and nine, is hereby further amended by striking
out the word "three", in the fourth line, and inserting in
place thereof the word: — four, — so as to read as follows:
— Section 64- The justices of the municipal court of the
city of Boston, or a majority of them, shall appoint officers
for attendance upon the sessions of the court, not exceeding
eight for criminal business and four for civil business, and
may at any time remove said officers for a cause which is
considered by the justices to be sufficient, and shall fill any
vacancy which is caused by removal or otherwise. Such
officers may serve the warrants, mittimuses, precepts, orders
and processes of said court.
Section 3. This act shall take effect upon its passage.
Aijproved March 23, 1916.
Chap. 70 An Act to increase the nltmber of masters in chancery
IN the county of NORFOLK.
Be it enacted, etc., as follows:
ftc^amLdel: Section 1. Section fifty-two of chapter one hundred and
sixty-five of the Revised Laws, as amended by chapter three
Justices of
Boston munic-
ipal court may
appoint court
officers, etc.
General Acts, 1916. — Chaps. 71, 72. 53
hundred and forty-eight of the acts of the year nineteen
hundred and four, by chapter four hundred and eleven of
the acts of the year nineteen hundred and fourteen, and by
chapter three hundred and four of the General Acts of the
year nineteen hinidred and fifteen, is hereby further amended
by inserting after the word "Worcester", in the sixth line,
the words: — six in Norfolk, — so as to read as follows: —
Section 52. The governor, with the advice and consent Number of
„ , •1111 • • • masters in
or the council, shall, as vacancies occur, appoint masters in chancc^ry in
chancery so that the number thereof in the several counties increased, etc.
shall be twelve in Suffolk, eleven in Essex, eleven in Middle-
sex, seven in Worcester, six in. Norfolk, and not more than
five in any other county. They shall be sworn, and shall
hold their offices for a term of five years, unless sooner re-
moved by the governor and the council.
Section 2. This act shall take effect upon its passage.
Approved March 23, 1916.
An Act to provide for further clerical assistance (J hap. 71
IN the municipal court of the city of boston.
Be it enacted, etc., as follows:
Section 1. The clerks of the municipal court of the Further clerical
•, p Tt , (• ••! i'*ii' 1 assistance for
City or boston tor civil and criminal business may each Boston munic-
expend for clerical assistance such amounts, in addition to *^'"=°^*-
those now allowed by law, as the justices of said court may
from time to time determine to be necessary, all such in-
creases to be subject to the approval of the county commis-
sioners of the county of Suffolk.
Section 2. This act shall take effect upon its passage.
Approved March 23, 1916.
An Act to provide that reports of impartial phy- (Jjiajy 72
SICIANS shall be ADMISSIBLE IN EVIDENCE IN PROCEED-
INGS FOR THE COMPENSATION OF INJURED EMPLOYEES.
Be it enacted, etc., as follows:
Section 1. Section eight of Part III of chapter seven 1911,751,
1. -p _x TTT R fi
hundred and fifty-one of the acts of the year nineteen hun- etc., amended.
dred and eleven, as amended by section ten of chapter
seven hundred and eight of the acts of the year nineteen
hundred and fourteen, is hereby further amended by adding
at the end thereof the words: — The report of the physician
shall be admissible as evidence in any proceeding before the
54
General Acts, 1916. — Chap. 73.
Industrial
accident board
to appoint
physicians to
examine injured
employees.
Report to be
admissible as
evidence in
certain pro-
ceedings.
industrial accident board or a committee of arbitration,
provided that the employee and insurer have seasonably
been furnished with copies thereof, — so as to read as fol-
lows: — Section 8. The industrial accident board or any
member thereof may appoint a duly qualified impartial
physician to examine the injured employee and to report.
The fee for this service shall be five dollars and travelling ex-
penses, but the board may allow additional reasonable
amounts in extraordinary cases, and the association shall
reimburse the board for the amount so paid. The report of
the physician shall be admissible as evidence in any pro-
ceeding before the industrial accident board or a com-
mittee of arbitration, provided that the employee and
insurer have seasonably been furnished with copies thereof.
Section 2. This act shall take effect upon its passage.
Ap-proved March 23, 1916.
1914, S8. § 1,
amended.
Chap. 73 An Act to provide for sessions of the probate court
IN the county of BRISTOL AT ATTLEBORO.
Be it enacted, etc., as follows:
Section one of chapter eighty-eight of the acts of the
year nineteen hundred and fourteen is hereby amended by
striking out the word "and", where it occurs the second
time in the seventh line, and by adding at the end thereof
the following: — and at Attleboro on the fourth Friday of
January, March, IMay, June, September and November, —
so as to read as follows : — Section 1 . The probate court
for the county of Bristol shall be held at Fall River on the
first Friday of January, April, July and October, on the
third Friday of February, ]\Iay and November, and on the
second Friday of September; at New Bedford, on the first
Friday of February, May, August and November, and on
the third Friday of JNIarch, June and September; at Taunton
on the first Friday of ]\Iarch, June, September and Decem-
ber; on the second Friday of January, February, March,
April, May, June, October, November and December, and
on the third Friday of January, April, October and Decem-
ber; and at Attleboro on the fourth Friday of January,
March, May, June, September and November.
Approved March 23, 1916.
Sessions of the
probate court
for Bristol
county.
General Acts, 1916. — Chaps. 74, 75. 55
An Act relative to the granting of hunters' licenses Chap. 74
TO MINORS.
Be it enacted, etc., as follows:
Section 1. A hunter's license, under the provisions of himtS^"^
chapter six hundred and fourteen of the acts of the year Jj^^'^JJ,*'^^ *°
nineteen hundred and eleven and amendments thereof, shall
not be granted to minors under eighteen years of age as a
matter of right, but the clerk of any city or town may,
in his discretion, issue a license to any such minor provided
that the minor applies therefor in writing, and files a state-
ment signed by his parents or guardian consenting to the
granting of the license. The consent of the parents or
guardian shall be preserved by the clerk as a part of the
record of the case.
Section 2. Section seven of chapter six hundred and Repeal, etc.
fourteen of the acts of the year nineteen hundred and eleven
is hereby repealed, and so much of any other section of the
said chapter as is inconsistent herewith shall not apply to
the provisions of this act. Ayyvoved March 23, 1916.
An Act to prohibit the pledge, mortgage, sale, assign- Chap. 75
ment or transfer of pensions granted by the com-
monwealth OR BY ANY COUNTY, CITY OR TOWN.
Be it enacted, etc., as follows:
Any pledge, mortgage, sale, assignment, or transfer here- Pledge, mort-
after made of any right, claim, or interest in any pension ofleVtain'
which has been, or may hereafter be granted by the com- hfbftedf '^'^°'
monwealth or by any county, city or town, shall be void
and of no effect, and any person who shall be a party to
such pledge, mortgage, sale, assignment or transfer of any
right, claim, or interest in any pension, or pension certifi-
cate, which has been, or may hereafter be granted or issued
by the commonwealth or by any county, city or town,
or who shall hold the same as collateral security for any
debt or promise, or upon any pretext of such security or
promise, shall be guilty of a misdemeanor, and upon con- Penalty,
viction thereof shall be punished by a fine not exceeding one
hundred dollars. Approved March 24, 1916.
56
General Acts, 1916. — Chaps. 76, 77.
R. L. 225, § 96,
etc., amended.
Chap. 76 An Act relative to the transfer of prisoners from
THE state prison TO THE PRISON CAMP AND HOSPITAL.
Be it enacted, etc., as follows:
Section 1. Section ninety-six of chapter two hundred
and twenty-five of the Revised Laws, as amended by section
one of chapter two hundred and forty of the acts of the
year nineteen hundred and five, is hereby further amended
by striking out the words "temporary industrial camp for
prisoners", in the fourth fine, and inserting in place thereof
the words: — camp section of the prison camp and hospital,
and from the state prison such prisoners other than those
serving sentences for life as have shown by their conduct
and disposition that they would be amenable to less rigorous
discipline and would benefit from work in the open air,
— so as to read as follows : — Section 96. They may re-
move prisoners from the Massachusetts reformatory, the
state farm, and the jails and houses of correction to the
camp section of the prison camp and hospital, and from
the state prison such prisoners other than those serving
sentences for life as have shown by their conduct and dis-
position that they would be amenable to less rigorous disci-
pline and would benefit from work in the open air, and
may, at any time, return them to the place of imprison-
ment from which they were removed.
Section 2. This act shall take effect upon its passage.
Approved March 24, 1916.
Transfer of
prisoners from
certain institu-
tions to the
prison camp
and hospital.
Chap. 77 An Act to authorize the Massachusetts highway com-
mission TO discontinue a section of state highway in
THE TOWNS OF NORWOOD AND WESTWOOD.
Be it enacted, etc., as follows:
Section 1. The Massachusetts highway commission is
hereby authorized to discontinue as a state highway that
part of Washington street in the towns of Norwood and
Westwood between the points at which the said street
intersects a new way laid out by the county commissioners
of the county of Norfolk in the year nineteen hundred and
twelve, by filing in the office of the clerk of the said com-
missioners and in the offices of the town clerks of Norwood
and Westwood a certified copy of a plan showing the said
part of the said street and of a certificate that it has been
Massachusetts
highway com-
mission may
discontinue
section of
certain state
highway.
General Acts, 1916. — Chap. 78. 57
discontinued as a state highway; and thereafter that part
of the highway so discontinued shall be a county way.
Section 2. This act shall take effect upon its passage.
Approved March 27, 1916.
An Act relative to the sale of poisons. Chap. 78
Be it enacted, etc., as follows:
Section 1. Section two of chapter two hundred and l^c.^'amenled.
thirteen of the Revised Laws, as amended by chapter two
hundred and sixty-three of the acts of the year nineteen
hundred and twelve and by chapter five hundred and
eighty-five of the acts of the year nineteen hundred and
thirteen, is hereby further amended by striking out the
words "laudanum, McMunn's elixir, morphia or any of its
salts", in the sixth and seventh lines, and by striking out
the word "opium", in the seventh line, so as to read as fol-
lows: — Section 2. Whoever sells arsenic (arsenious acid), ^5X16^°'^°"^
atropia or any of its salts, chloral hydrate, chloroform,
cotton root and its fluid extract, corrosive sublimate, cyanide
of potassium, Donovan's solution, ergot and its fluid ex-
tract, Fowler's solution, oil of pennyroyal, oil of savin,
oil of tansy, Paris green, Parson's vermin exterminator,
phosphorus, prussic acid, "rough on rats", strychnia or any
of its salts, tartar emetic, tincture of aconite, tincture of •
belladonna, tincture of digitalis, tincture of nux vomica,
tincture of veratrum viride, compounds of fluorine, or
carbolic acid, without the written prescription of a phy-
sician, shall affix to the bottle, box or wrapper containing
the article sold a label of red paper upon which shall be
printed in large black letters the name and place of business
of the vendor and the words POISON and ANTIDOTE,
and the label shall also contain the name of an antidote,
if any, for the poison sold. He shall also keep a record of R^°^d of sales.
the name and quantity of the article sold and of the name
and residence of the person or persons to whom it was de-
livered, which shall be made before the article is delivered
and shall at all times be open to inspection by the officers
of the district police and by the police authorities and
officers of cities and towns; but no sale of cocaine or its
salts shall be made except upon the prescription of a physi-
cian. Whoever neglects to affix such label to such bottle. Penalty.
box or wrapper before delivery thereof to the purchaser or
whoever neglects to keep or refuses to show to said officers
58 General Acts, 1916. — Chaps. 79, 80.
such record or whoever purchases any of said poisons and
gives a false or fictitious name to the vendor shall be punished
Exemptions. by a fine of not more than fifty dollars. The provisions of
this section shall not apply to sales by wholesale dealers or
manufacturing chemists to retail dealers, or to a general
merchant who sells Paris green, London purple or other
arsenical poisons in unbroken packages containing not less
than one quarter of a pound, for the sole purpose of de-
stroying potato bugs or other insects upon plants, vines or
trees, except that he shall record each sale and label each
package sold, as above provided. Nor shall the provisions
of this section apply to sales of compounds containing not
more than fifty per cent of sodium fluoride intended solely
for the destruction of roaches, ants or other household
insects when sold in sealed metal packages containing not
less than one fourth of a pound plainly labelled in such a
manner as to show the purposes for which the preparation
is intended.
Section 2. This act shall take effect upon its passage.
Apyroved March 28, 1916.
Chap. 79 An Act relative to the use and management of public
MARKETS established BY CITIES AND TOWNS.
. Be it enacted, etc., as follows:
ImendeV^^' Section 1. Chapter one hundred and nineteen of the
General Acts of the year nineteen hundred and fifteen is
hereby amended by adding at the end thereof the following
Use and scctiou : — Sectiou 3. Any city or town which maintains a
puburmaTkete pubHc market or market place in accordance with the pro-
t'owns!*"* '^"'^ visions of this act may make rules and regulations for the
use and management thereof, subject to the approval of the
secretary of the state board of agriculture, and may attach
penalties for their violation.
Section 2. This act shall take effect upon its passage.
Approved March 29, 1916.
Chap. 80 An Act to extend the secrecy of the Australian
BALLOT TO BLIND AND OTHER PHYSICALLY DISABLED
VOTERS.
Be it enacted, etc., as follows:
1913.^835^ § 294. SECTION 1. Scctiou two hundred and ninety-four of
chapter eight hundred and thirty-five of the acts of the
General Acts, 1916. — Chap. 81. 59
year nineteen hundred and thirteen is liereby amended by
striking out all after the word "by", in the seventh line,
and inserting in place thereof the following: — any qualified
\-oter whom the aforesaid voter may designate, — so as to
read as follows: — Section 294- A voter who declares on Certain voters
oath to the presiding officer that he had the right to vote ^JtanceTn'''''
on the first day of May in the year eighteen hundred and '"^ki'^e ballots.
fifty-seven and cannot read, or that from blindness or other
physical disability he is unable to prepare his ballot or
register his vote upon a voting machine, shall be assisted in
such marking or registering by any qualified voter whom
the aforesaid voter may designate.
Section 2. This act shall take effect upon its passage.
Approved March 29, 1916.
An Act relative to registration of voters. Chap. 81
Be it enacted, etc., as follows:
Section fifty-two of chapter eight hundred and thirty-five lois, 835. § 52,
of the acts of the year nineteen hundred and thirteen is '*'"''"
hereby amended by striking out the word "an", in the
fourth line, and inserting in place thereof the words: — a
primary or, — and by inserting after the word "next", in
the eleventh line, the words : — primary or, — so as to
read as follows : — Section 52. If a registered voter com- illegal or incor-
, . , J, . , -I .. • . • •,• rect registration
plains to the registrars or election commissioners, in writing for primaries
under oath in a city fourteen days at least, or in a town °r elections.
four days at least, before a primary or election or town
meeting, that the complainant has reason to believe and
does believe that a certain person by him therein named has
been illegally or incorrectly registered, and setting forth
the reasons for such belief, the registrars or election com-
missioners shall examine into such complaint, and if satis-
fied that there is sufficient ground therefor, they shall sum-
mon the person complained of to appear before them at a
certain place and time before the next primary or election
or town meeting to answer to the matters set forth in the
complaint, and the substance of the complaint and a copy
of this and the following section shall be set forth in the
summons. Service of the summons shall be made by an ^0^|cBof
officer qualified to serve civil or criminal process, not more
than fourteen nor less than two days before the day named
for appearance, by delivering in hand a copy of the summons
to the person therein summoned, or by leaving it at the
summons.
60 General Acts, 1916. — Chap. 82.
summons.
^m^L°= place of alleged illegal or incorrect registration, if no later
residence of such person appears on the register, and in that
event at such later residence if the officer finds that such
person resides at such place or later residence, as the case
may be, or if he was formerly there and has changed his
residence, then by leaving it at the place to which he has
moved, if it is within the officer's jurisdiction and can be
ascertained by inquiry at such place or later residence;
but if the officer cannot make personal service, and cannot
ascertain the residence of the person complained of, the
copy of the summons shall be left at such person's last
residence, if any, known to the officer within his jurisdic-
tion; and the officer shall return the summons to the regis-
trars or election commissioners before the day named for
appearance, with the certificate of his doings indorsed
thereon. Ayiwoved March 29, 1916.
Chap. 82 An Act to exempt certain illiterate married women
FROM COMPULSORY ATTENDANCE AT EVENING SCHOOLS.
Be it enacted, etc., as follows:
1913, 467, § 1, Section 1 . Section one of chapter four hundred and
sixty-seven of the acts of the year nineteen hundred and
thirteen is hereby amended by inserting after the word
"age", in the second line, the words: — except married
Certain womcu, — SO as to read as follows: — Section 1. Every
riedToniMr' illiterate minor between sixteen and twenty-one years of
co^u^isory""" ^gc, cxccpt married women, shall attend some public even-
attendanceat [j^„ scliool in the city or towu iu which he resides for the
ovenmg schools. , . . , . S • i i it • i i
whole tmie durmg which the pubhc evenmg schools are in
Proviso. session: provided, that such city or town maintains a public
evening school. Attendance at a public day school, or at
a private school approved for the purpose by the school
committee, shall exempt such minor from attending a public
evening school. This act shall not affect any existing laws
regarding the compulsory school attendance of illiterate
minors or their employment, but shall be in addition to
such laws.
Section 2. This act shall take effect upon its passage.
{The foregoing was laid before the governor on the twenty-
third day of March, 1916, and after five days it had "the force
of a law", as prescribed by the constitution, as it was not re-
turned by him with his objections thereto within that time.)
General Acts, 1916. — Chap. 83. 61
An Act to provide for returns of property of (Jfidj) 33
FOREIGN corporations SITUATED WITHIN THE COMMON-
WEALTH AND SUBJECT TO LOCAL TAXATION THEREIN.
Be it enacted, etc., as jolloics:
Section 1 . Section fifty-four of Part III of chapter 1909, 49o^ § -^4.
four hundred and ninety of the acts of the year nineteen
hundred and nine, as amended by chapter one hundred and
sixty-seven of the General Acts of the year nineteen hun-
dred and fifteen, is hereby further amended by striking
out all after the word "report", in the nineteenth line, and
inserting in place thereof the following: — Every foreign
corporation which has property within the commonwealth
subject to taxation under the laws thereof, shall annually,
between the first and tenth days of April, beginning in the
year nineteen hundred and seventeen, prepare and file in
the office of the tax commissioner a return, in such form
and with such detail as the tax commissioner may pre-
scribe, signed and sworn to by its treasurer, showing all its
property, real and personal subject to local taxation within
the commonwealth on the first day of April and the location
and value thereof, — so as to read as follows: — Section 54. SrporaJons'^°
Every foreign corporation shall annually, within thirty fil^^nntar
davs after the date fixed for its annual meeting, or within certificate of
inii* (••!• 1 condition.
thirty days after the final adjournment 01 said meeting, but
not more than three months after the date so fixed for said
meeting, prepare and file in the office of the secretary of the
commonwealth, upon payment of the fee provided in section
ninety-one of chapter four hundred and thirty-seven of the
acts of the year nineteen hundred and three, a certificate
signed and sworn to by its president, treasurer, and by a
majority of its board of directors, showing the amount of
its authorized capital stock, and its assets and liabilities
as of a date not more than ninety days prior to said annual
meeting, in such form as is required of domestic business
corporations under the provisions of section forty-five of
said chapter, and the change or changes, if any, in the other
particulars included in the certificate required by section
sixty of said chapter, made since the filing of said certificate
or of the last annual report. Every foreign corporation Tax return,
which has property within the commonwealth subject to
taxation under the laws thereof, shall annually, between the
first and tenth days of April, beginning in the year nineteen
62 General Acts, 1916. — Chaps. 84, 85.
Tax return. hundred and seventeen, prepare and file in the office of the
tax commissioner a return, in such form and with such
detail as the tax commissioner may prescribe, signed and
sworn to by its treasurer, showing all its property, real and
personal subject to local taxation within the commonwealth
on the first day of April and the location and value thereof.
Section 2. This act shall take effect upon its passage.
Approved March 30, 1916.
Chap. 84 An Act to provide for sittings of the superior court
FOR THE COUNTY OF BRISTOL AT ATTLEBORO FOR PUR-
POSES OF NATURALIZATION.
Be it enacted, etc., as follows:
fo^r'Bristor"'^* Section 1. Any sitting of the superior court held at
arAttiebJfro fir "^^^^^^ Bcdford for the county of Bristol may adjourn and
certain pur- gft at Attlcboro for purposcs of naturalization.
Section 2. This act shall take effect upon its passage.
Approved March 31, 1916.
Chap. 85 An Act to define further the term "drug business."
Be it enacted, etc., as follows:
1913. 705 §1, Section 1. Section one of chapter seven hundred and
aniended. . iiiii-
five of the acts oi the year nineteen hundred and thirteen is
hereby amended by inserting after the word "sale", in the
second line, the words: — or the keeping or exposing for
sale of drugs, medicines, chemicals and poisons, except as
otherwise provided in section twenty- three of chapter
seventy-six of the Revised Laws, as amended by section
one of chapter one hundred and seventy-two of the acts of
the year nineteen hundred and ten, also the sale or the
keeping or exposing for sale, — so as to read as follows: —
"Drugbusi- Section 1. The term "drug business" as used in this
ness, term i i • • i> i
defined. act sliall mean the sale or the keeping or exposing tor sale
of drugs, medicines, chemicals and poisons, except as other-
wise provided in section twenty-three of chapter seventj-
six of the Revised Laws, as amended by section one of
chapter one hundred and seventy-two of the acts of the
year nineteen hundred and ten, also the sale or the keeping
or exposing for sale of opium, morphine, heroin, codeine, or
other narcotics, or any salt or compound thereof, or any
preparation containing the same, or cocaine, alpha or beta
General Acts, 1916. — Chap. 86. 63
eucaine, or any synthetic substitute therefor, or any salt
or comi)ound thereof, or any {)reparation containing the
same, and the said term shall also mean the compounding
and dispensing of physicians' prescriptions.
Section 2. This act shall take effect upon its passage.
Approved March 31, 1916.
An Act relative to allowances to headquarters of (jhnjj 86
ORGANIZATIONS OF THE MILITIA.
Be it enacted, etc., as follows:
Section 1. Chapter six hundred and four of the acts loos, 604, etc.,
of the year nineteen hundred and eight, as amended in ^"^^^ ^
section one hundred and seventy-seven by chapter four
hundred and eighty-one of the acts of the year nineteen
hundred and fourteen, is hereby further amended by striking
out said section one hundred and seventy-seven and insert-
ing in place thereof the following: — Section 177. There Allowances to
shall annually be allowed and paid for postage, printing, ofOTgan^zatfons
stationery, and office incidentals: to each brigade head- °^ *^® ""''***■
quarters, seventy-five dollars; to each regimental head-
quarters, three hundred dollars; to headquarters of the
naval battalion, two hundred dollars; to headquarters of
battalions of field artillery and squadrons of cavalry, fifty
dollars; to first corps of cadets, one hundred dollars, and to
each company, fifteen dollars. There shall annually be
allowed and paid to each headquarters, department, corps
and company the sum of two dollars for each enlisted man,
excepting bandsmen not mustered, attached thereto or en-
rolled therein, not exceeding the maximum enlisted strength
allowed by law, the amount so paid to be expended in the
repair and alteration of uniforms, or in defraying the inci-
dental military expenses of the several organizations. There
shall annually be allowed and paid to each regimental,
separate battalion, squadron, corps and each naval bat-
talion headquarters, and each company, for the services of
a company armorer or armorer for regimental, separate
battalion, squadron, corps and naval battalion headquarters,
who shall devote all necessary attention to the care of the
arms, equipments, uniforms and quarters of the head-
quarters or company, the sum of one hundred and twenty-
five dollars.
Section 2. This act shall take eft'ect upon its passage.
Approved March 31, 1916.
64
General Acts, 1916. — Chap. 87.
1913, 835, § 46,
etc., amended.
Male applicants
for registration
to present tax
bill or certifi-
cate to regis-
trars of voters.
Chap. 87 An Act relative to registration of voters in the
CITY OF BOSTON.
Be it enacted, etc., as follows:
Section 1. Section forty-six of chapter eight hundred
and thirty-five of the acts of the year nineteen hundred and
thirteen, as amended by section six of chapter ninety-one
of the General Acts of the year nineteen hundred and fifteen,
is hereby further amended by inserting after the word
"commissioners", in the thirteenth, twenty-second and
forty-second Knes, the words : — or assistant registrars, —
so as to read as follows: — Section 46. Every male applicant
for registration, except in Boston, whose name has not been
transmitted to the registrars as provided in section sixteen
shall present a tax bill or notice from the collector of taxes,
or a certificate from the assessors showing that he was
assessed as a resident of the city or town on the preceding
first day of April, or a certificate that he became a resident
therein at least six months preceding the election at which
he claims the right to vote, and the same shall be prima
facie evidence of his residence. In Boston, if a male person,
twenty years of age or upward, resident in said city on the
first day of April, was not assessed, he shall in person present
a statement in writing under oath to the election com-
missioners, or assistant registrars, at their principal office,
who are hereby authorized to administer oaths for this
purpose, that he was on the first day of April a resident of
said city, giving his name, age, occupation and residence on
the first day of April in the current year, and his residence
on the first day of April in the preceding year. A male
person, twenty years of age or upward, who becomes a
resident of said city after the first day of April shall in
person present a statement in writing under oath to the
election commissioners, or assistant registrars, at their
principal office, who are hereby authorized to administer
oaths for this purpose, that he became a resident of said
city at least six months immediately preceding the electron
at which he claims the right to vote, giving his name, age,
occupation and residence, and the date when he so became
a resident and his residence on the first day of April in the
current year. The board of election commissioners shall
forthwith transmit a copy of such statement to the police
commissioner who shall detail an officer to verify the state-
in Boston to
election coni-
niissioners,
etc.
General Acts, 1916. — Chap. 88. 65
ment of the applicant as to residence, and shall report to
the election commissioners within five days the result of the
investigation of such officer. If the statement of the appli- "tru^name
cant as to residence is found to be true, the election com- upoa^oting'''^
missioners shall place the name of the applicant on the li^t-
voting list; otherwise the election commissioners shall forth-
with notify the applicant to appear before them, and, if not
satisfied that his statement is true, shall not place his name
upon the voting list: yrotided, Jwwever, that no application Proviso.
for registration under the provisions of this section shall be
received by the election commissioners, or assistant regis-
trars, later than the thirtieth day preceding a state or mu-
nicipal election. In Boston the board of election commis-
sioners shall furnish to the assessors a true and correct list
of all applicants, male or female, for registration who are
found to have resided in Boston on the first day of April,
and the board of assessors shall assess such male persons for
a poll tax.
Section 2. This act shall take effect upon its passage.
Approved March 31, 1916.
An Act relative to services rendered by pensioners (JJkij) gg
OR ANNUITANTS TO MUNICIPALITIES AND COUNTIES.
Be it enacted, etc., as folloivs:
Section one of chapter six hundred and fifty-seven of the 1913, 657, § 1,
acts of the year nineteen hundred and thirteen is hereby ^""^^ ® '
amended by inserting after the word "county", in the
second line, the words: — excepting teachers who are now
receiving annuities not exceeding the sum of one hundred
and eighty dollars per annum, — so as to read as follows : —
Section 1. No person who now or hereafter receives a services
pension or an annuity from any city or town or any county, pensfonersor
excepting teachers who are now receiving annuities not ex- munidpaiftiM
ceeding the sum of one hundred and eighty dollars per and counties.
annum, shall be paid for any service, except service as a
juror, rendered by him to said city, town or county after the
date of the first payment of such pension or annuity.
Approved March 31, 1916.
66 General Acts, 1916. — Chaps. 89, 90.
Chap. 89 An Act relative to decisions of the state board of
CONCILIATION AND ARBITRATION IN REGARD TO STRIKES.
Be it enacted, etc., as follows:
imendtd.^^' Scctioii fivc of chapter three hundred and forty-seven of
the acts of the year nineteen hundred and fourteen is hereby
amended by striking out the last sentence, and inserting in
place thereof the following : — Upon the application of the
employer, this question shall be determined by said board,
but only after a full hearing at which all persons involved
shall be entitled to be heard and be represented by counsel.
The board shall give at least three days' notice of the hearing
to the strikers and employees by publication in at least
three daily newspapers published in the commonwealth.
Decisions of the — SO as to read as follows : — Section 5. The provisions of
conciliation and this act shall ccasc to be operative when the state board
reglrTto ° ^^ of couciHation and arbitration . shall determine that the
strikes. business of the employer, in respect to which the strike or
other labor trouble occurred, is being carried on in the
normal and usual manner and to the normal and usual
extent. Upon the application of the employer, this question
shall be determined by said board, but only after a full
hearing at which all persons involved shall be entitled to
be heard and be represented by counsel. The board shall
give at least three days' notice of the hearing to the strikers
and employees by publication in at least three daily news-
papers published in the commonwealth.
Aj)proved March 31, 1916.
Chap. 90 An Act to provide for compensating injured employees
WHO are incapacitated for more than ten days.
Be it enacted, etc., as folloivs:
1911,751 Section 1. Part II of chapter seven hundred and fifty-
etc, amended, ouc of the acts of thc ycar nineteen hundred and eleven, and
acts in amendment thereof, is hereby amended by striking
out section four and inserting in place thereof the follow-
Compensation Jng: — Scction 4- No Compensation shall be paid under
employees tliis act for any injury which does not incapacitate the em-
for more*thln ploycc for a pcHod of at least ten days from earning full
ten days. wagcs, but if incapacity extends beyond the period of ten
days, compensation shall begin on the eleventh day after
the injury. When compensation shall have begun, it shall
General Acts, 1916. — Chap. 91. 67
not be discontinued except with the written assent of the
employee or the approval of the board, or a menil)er there-
of: provided, hoivever, that such compensation shall be paid ^'■°^'^°-
in accordance with section ten of Part II of said chapter
seven hundred and fifty-one, as amended by section five of
chapter seven hiuidred and eight of the acts of the year
nineteen hundred and fourteen, if the employee in fact
earns wages at anv time after the original agreement is
filed.
Section 2. This act shall take effect on the first day of J^e"t °^ ^'^'''''^
January in the year nineteen hundred and seventeen.
Approved March 31, 1916.
An Act relative to nursery agents and to define the Q^id^ g^
POWERS OF the state NURSERY INSPECTOR.
Be it enacted, etc., as follows:
Section 1. Section three of chapter five hundred andj^^'^^.^^^jj^^-
seven of the acts of the year nineteen hundred and twelve
is hereby amended by striking out the words "desire to",
in the second line, and by adding at the end thereof the
words : — All persons except growers who sell, or who take
or solicit orders for nursery stock shall be regarded as nursery
agents for the purposes of this act, — so as to read as fol-
lows:— Section 3. Agents or other persons, excepting Nursery agents
growers, who sell nursery stock shall make application to ^^'^^''^^"'""^■
the state nursery inspector for an agent's license, and shall
file with him the names and addresses of all persons or
nurseries from which they purchase their stock. On receipt
of such application, the state nursery inspector shall issue
an agent's license, valid for one year, in such form and with
such provisions as the state board of agriculture may pre-
scribe. The license may be revoked at an}' time for failure
to report the names and addresses of persons or nurseries
from which stock is purchased, or for such other cause as
may be deemed sufficient by the state nursery inspector and
the secretary of the state board of agriculture. All persons Term"nurs-
except growers who sell, or who take or solicit orders for definfdL*"
nursery stock shall be regarded as nursery agents for the
purposes of this act.
Section 2. Section seven of said chapter five hundred 1912, 507, § 7,
and seven is hereby amended by inserting after the word -'''"•^nded.
"treated", in the twentieth line, the words: — or destroyed.
68
General Acts, 1916. — Chap. 91.
Powers of
state nursery
inspector
defined.
Refusal or
neglect to treat
trees, etc.
Recovery
of cost.
1912, 507, § 9,
amended.
Powers of the
secretary of the
state board of
agriculture as
to certain
appeals.
— SO as to read as follows : — Section 7. The state nursery
inspector, either personally or through his deputies, may
inspect any orchard, field, garden, roadside or other place
where trees, shrubs or other plants are growing out of doors,
either on public or private land, which he may know or
have reason to suspect is infested with the San Jose scale
or any serious insect pest or plant disease, when in his
judgment such pests or diseases are liable to cause financial
loss to adjoining owners; and may serve written notice
upon the owner, or owners, occupant or person in charge of
trees, shrubs or other plants thus infested, of the presence of
such pests or plant diseases, with a statement that they
constitute a public nuisance, together with directions to
abate the same, giving the methods of treatment for the
abatement thereof, and stating a time within which the
nuisance must be abated in accordance with the methods
given in the notice. If the person or persons so notified
shall refuse or neglect so to treat or destroy such trees,
shrubs or other plants within the time prescribed, the state
nursery inspector may cause such property to be so treated,
or destroyed, and may employ all necessary assistants for
this purpose, and such assistants shall have the right to
enter upon any public or private property, if such entry is
necessary for this purpose. Upon the completion of said
treatment the state nursery inspector shall certify in writing
to the owner or person in charge of the treated property
the amount of the cost of such treatment, and if this be
not paid to the secretary of the state board of agriculture
within ninety days thereafter, the same may be recovered
by suit, together with the costs of suit.
Section 3. Section nine of said chapter five hundred
and seven is hereby amended by inserting after the word
"treated", in the thirteenth line, the words: — or de-
stroyed, — so as to read as follows: — Section 9. WTien
the secretary of the state board of agriculture has heard an
appeal and has rendered a decision that the action of the
state nursery inspector from which the appeal was taken is
sustained, the state nursery inspector shall notify in writing
the owner or owners, occupant or person in charge of the
trees, shrubs, or other plants concerned, of the decision of
the secretary, and shall direct him or them within a given
time to treat or destroy the trees, shrubs or other plants in
accordance with a method prescribed in the notice. If the
person or persons so notified shall refuse or neglect so to
General Acts, 1916. — Chap. 92. 69
treat or destroy such trees, shrubs or other plants within the
time prescribed, the state nursery inspector may cause such
property to be so treated, or destroyed, and the cost of the
treatment to be collected as provideil in section seven of
this act.
Section 4. For the investigation and suppression of the Amount to be
white pine blister rust there may be expended under the ceruiinTnYcsti-
direction of the state board of agriculture during the year^^*'""' '"^'^'
nineteen hundred and sixteen a sum not exceeding ten
thousand dollars, and any imexpended balance of this sum
remaining at the end of the fiscal year nineteen hundred
and sixteen may be expended in the fiscal year nineteen
hundred and seventeen.
Section 5. Chapter one hundred and sixty-one of the i9i5, i61(G),
General Acts of the year nineteen hundred and fifteen is ' '^""'^ ^
hereby amended by striking out section two and inserting
in place thereof the following new section : — Section 2.
Said chapter five hundred and seven is hereby further
amended by inserting after section seventeen the following
new section: — Section 18. Every person, firm or corpora- certain fmits
tion, except common carriers, who shall receive, bring or [nspectfon.^""^
cause to be brought into the state from such states, prov-
inces or countries as may be designated by the secretary of
the state board of agriculture, any fruits grown on plants,
shrubs or trees of kinds which also grow out of doors in this
state, shall immediately after the arrival thereof notify the
state nursery inspector of such arrival and hold the same
until they have duly been inspected.
Section 6. This act shall take effect upon its passage.
Approved April 3, 1916.
An Act relative to the powers of the public service (Jjid^ 92
commission in respect to the charges of railroad
corporations.
Be it enacted, etc., as folloivs:
Section 1. Section twenty-two of chapter seven hun- 1913, 784, § 22,
dred and eighty-four of the acts of the year nineteen hundred ''™''°
and thirteen is hereby amended by adding at the end there-
of the words : — Whenever complaint has been made to the
commission concerning any rate, fare or charge demanded Powers of
1 II II .| , . „ public service
and collected by any railroad corporation for any service commission in
hereafter performed and the commission has found after charges of
70
General Acts, 1916. — Chap. 93.
railroad
corporations.
Proviso.
hearing and investigation that an unjii.stly discriminator}'^
rate, fare or charge has been collected for any service, the
commission may order the railroad corporation which has
collected the same to make due reparation to the person
who has paid the same, with interest from the date of the
payment of such unjustly discriminatory amount: lyromded,
however, that such order of reparation shall cover only pay-
ments made within two years before the date of filing the
petition seeking to have reparation ordered. Such order
may be made without formal hearing whenever the railroad
corporation affected shall assent in writing thereto, or file
or join in a petition therefor, but in no case shall any such
order be made until the commission shall be satisfied by
such investigation as may be necessary that the rate, fare
or charge collected was in fact unjustly discriminatory.
kSection 2. This act shall take effect upon its passage.
A-p2^roved April 3, 1916.
Metropolitan
water and
sewerage hoard
may install
pumping
engine, etc., at
Ward street
pumping
station.
Metropolitan
Sewerage Loan.
Chap. 93 An Act to authorize the metropolitan water and
SEWERAGE BOARD TO MAKE IMPROVEMENTS AT THE WARD
STREET PUMPING STATION IN THE CITY OF BOSTON.
Be it enacted, etc., as follows:
Section 1. The metropolitan water and sewerage board
is hereby authorized to install a pumping engine and two
boilers and the necessary connections at the Ward street
pumping station in the city of Boston.
Section 2. To meet the expenses incurred under the
provisions of this act the treasurer and receiver general
shall issue from time to time, in the name and behalf of the
commonwealth and under its seal, and in addition to the
amount of such bonds heretofore authorized for the con-
struction of the south metropolitan sewerage works, bonds
designated on the face thereof, INJetropolitan Sewerage
Loan, to an amount not exceeding forty thousand dollars.
Section 3. The provisions of chapter four hundred and
twenty-four of the acts of the year eighteen hundred and
ninety-nine, and of all acts in amendment thereof and in
addition thereto, shall apply, so far as applicable, to the
indebtedness authorized l)y this act and to all proceedings
hereunder.
Section 4. This act shall take effect upon its passage.
Approved April 3, 1916.
Certain
provisions to
apply.
General Acts, 1916. — Chaps. 94, 95. 71
An Act to exclude dudley pond in the town of way- (Jliap, 94
LAND from the METROPOLITAN WATER SYSTEM.
Be it enacted, etc., as follows:
Section 1. The metropolitan water and sewerage board ^"^If^yjj^P"^"'
may close and terminate the existing connection between excluded from
Lake Cochituate and Dudley pond in the town of Wayland, water system.
and may transfer and release to said town all interest in and
control over the waters of said pond. Thereafter Dudley
pond shall not be used as a source of water supply by the
metropolitan w^ater district or by any city or town, nor
shall it be allowed to overflow into Lake Cochituate or be
connected with the water supply of said district or of any
city or town, and the pond shall be subject to the control
and regulation of the town of Wayland which is hereby
authorized to impose penalties for the violation of any regu-
lations made by said town in respect to the said pond.
Section 2. This act shall take efiect upon its passage.
Approved Ayril 3, 1916.
An Act relative to co-operative courses in public Chav- 95
schools and to employment of pupils in co-operating
agencies.
Be it enacted, etc., as follows:
Section 1. Section seventeen of chapter five hundred etc!' f mende'^.
and fourteen of the acts of the year nineteen hundred and
nine, as amended by chapter two hundred and forty-one of
the acts of the year nineteen hundred and eleven, and by
chapter one hundred and ninety-one of the acts of the year
nineteen hundred and twelve, is hereby further amended
by adding at the end thereof the following: — "Co-opera- "Co-operative
tive courses" shall mean courses approved as such by the public schools,
board of education and conducted in public schools in ''^
which technical or related instruction is given in conjunction
with practical experience by employment in a co-operating
factory, manufacturing, mechanical or mercantile establish-
ment or workshop.
Section 2. Section fifty-seven of said chapter five 1909, 514, § 57
hundred and fourteen, as amended by section fifteen of
chayjter seven hundred and seventy-nine of the acts of
the year nineteen hundred and thirteen, is hereby further
72
General Acts, 1916. — Chap. 95.
Employment of ^J
children in
factories, etc.
Provisos.
1909, 514, § 66,
etc., amended.
amended by Inserting after the word "certificate", in the
eighteenth Une, the words : — and, promded, further, that
pupils in co-operative courses in pubUc schools, as defined
in section seventeen of this act, may be employed by any
co-operating factory, manufacturing, mechanical or mercan-
tile establishment or workshop upon securing from the
superintendent of schools a special certificate covering this
type of employment, — so as to read as follows: ^ — Section
No child between fourteen and sixteen years of age
shall be employed or be permitted to work in, about or in
connection with any factory, workshop, manufacturing, me-
chanical or mercantile establishment unless the person, firm
or corporation employing such child procures and keeps on
file accessible to the attendance officers of the city or town,
to agents of the board of education, and to the state board
of labor and industries or its authorized agents or inspectors,
the employment certificate as hereinafter provided issued
to such child, and keeps a complete list of the names and
ages of all such children employed therein conspicuously
posted near the principal entrance of the building in which
such children are employed: 'provided, however, that children
who are over fourteen but under sixteen years of age shall be
permitted to work in mercantile establishments on Saturdays
between the hours of seven in the morning and six in the
evening, without such certificate; and, provided, further,
that pupils in co-operative courses in public schools, as
defined in section seventeen of this act, may be employed by
any co-operating factory, manufacturing, mechanical or
mercantile establishment or workshop upon securing from
the superintendent of schools a special certificate covering
this ty])e of employment. On termination of the employ-
ment of a child whose employment certificate is on file, said
certificate shall be returned by the employer within two
days after said termination to the office of the superintendent
of schools from which it was issued.
Section 3. Section sixty-six of said chapter five hun-
dred and fourteen, as amended by section twenty-three of
chapter seven hundred and seventy-nine of the acts of the
year nineteen hundred and thirteen, is hereby further
amended by inserting after the word "establishment", in
the fourth line of the first paragraph, the Avords: — except
as provided for pupils in co-operative courses, approved as
such by the board of education and conducted in public
schools, ■ — so that the first paragraph shall read as fol-
General Acts, 1916. — Chaps. 96, 97. 73
lows: — Section 66. No child who is oxev sixteen and under Educational
„ 1111 1 1 • e J. certificates.
twenty-one years or age shall be employed m a lactory,
workshop, manufacturing, mechanical or mercantile establish-
ment, except as provided for jjupils in co-operative courses,
approved as such by the board of education and conducted
in public schools, unless his employer procures and keeps
on file an educational certificate showing the age of the
child and his ability or inability to read and write as here-
inafter provided. Such certificates shall be issued by the
person authorized by this act to issue employment cer-
tificates.
Section 4. This act shall take effect upon its passage.
Approved April 3, 1916.
An Act to authorize the metropolitan park commis- (JfiaT) 96
SION TO PROVIDE FOR THE DISPOSAL OF SEWAGE FROM
THE RIVERSIDE RECREATION GROUNDS.
Be it enacted, etc., as follows:
Section 1. The metropolitan park commission is au- Disposal of
thorized to connect the sewerage system of the Riverside thlRryereWe
recreation grounds, so-called, situated on the westerly side grounds"'^
of Charles river in the town of Weston, with the sewerage
system of the city of Newton, at such point and upon such
terms as may be agreed upon by said commission and city.
All sewage so received may be discharged into the south
metropolitan sewerage system, provided that the terms
aforesaid are approved by the metropolitan water and
sewerage board, and that such further provisions as the
said board may deem necessary or proper are complied
with.
Section 2. This act shall take eft'ect upon its passage.
Approved April 3, 1916.
An Act relative to the annual report of the state (Jjidj) 97
forester.
Be it enacted, etc., as follows:
Section 1. Section five of chapter four hundred and '^*;j^°^j^^'
nine of the acts of the year nineteen hundred and four is
hereby amended by striking out all after the word "office",
in the seventh line, so as to read as follows: — Section 5. state forester to
The state forester shall annually, on or before the thirty- report.
first day of December, make a written report to the general
74
General Acts, 1916. — Chap. 98.
Time of taking
effect.
court of his proceedings for the year ending on the thirty-
first day of December, together with such recommendations
as he may deem proper, and with a detailed statement of the
receipts and expenditures incident to the administration
of his office.
Section 2. This act shall apply to the report for the
year nineteen hundred and fifteen.
Approved April 3, 1916.
Will of people as
to calling and
holding consti-
tutional con-
vention to be
ascertained.
Chap. 98 An Act to ascertain and carry out the will of the
PEOPLE relative TO THE CALLING AND HOLDING OF A
constitutional CONVENTION.
Be it enacted, etc., as follows:
Section 1. For the purpose of ascertaining the will of
the people of the commonwealth with reference to the
calling and holding of a constitutional convention, the
secretary of the commonwealth shall cause to be placed on
the official ballot to be used at the next annual state election
the following question: ^ — ^ "Shall there be a convention to
revise, alter or amend the constitution of the common-
wealth?" The votes upon said question shall be received,
sorted, counted, declared and transmitted to the secretary
of the commonwealth, laid before the governor and council,
and by them opened and examined, in accordance with the
laws relating to votes for state officers so far as they are
applicable. The governor shall, by public proclamation,
on or before the first Wednesday in January next, make
known the result by declaring the number of votes in the
affirmative and the number in the negative; and if it shall
appear that a majority of said votes is in the affirmative,
it shall be deemed and taken to be the will of the people
that a convention be called and held to revise, alter or
amend the constitution, and in his proclamation the governor
shall call upon the people to elect delegates to the conven-
tion, at a special election to be held in all the cities and
towns of the commonwealth on the first Tuesday in May in
the year nineteen hundred and seventeen.
Section 2. The number of delegates to be elected to
the convention shall be three hundred and twenty, of whom
sixteen shall be elected at large, sixty-four by the sixteen
congressional districts, to wit, four by each district, and
two hundred and forty by the legislati\'e representative
Governor's
proclamation.
Delegates, num-
ber, manner
of election, etc.
General Acts, 1916. — Chap. 98. 75
districts of the commonwealth, each district having the
same number of delegates as it is then entitled to elect
representatives to the general court.
Section 3. Nomination of candidates for the office of SXtS" °'
delegate to the constitutional convention shall be made by nlt-o^iJ!,* '*^^'^"
nomination papers without party or political designation
which shall be signed in the aggregate by not less than
twelve hundred voters for each candidate at large, by not
less than five hundred voters for each candidate for delegate
from a congressional district, and by not less than one
hundred voters for each candidate for delegate from a legis-
lative representative district. Said papers shall be filed on Date of filing
or before five o'clock in the afternoon on the first Tuesday ^°'^'^^^'
in March in the year nineteen hundred and seventeen. No
person shall be a candidate for delegate in more than one
district, or both in a district and at large. If nomination
papers for more than one nomination for delegate are filed
in behalf of a candidate, and if, within seventy-two hours
after five o'clock in the afternoon of the first Tuesday in
March aforesaid, he withdraws all but one nomination, the
remaining nomination shall be valid. No person shall be
a candidate for delegate from a legislative representative
district in which he does not reside.
Section 4. If in the connnonwealth at large, or in any Non-partisan
district, the number of persons nominated by nomination tioM?etc.'^°° '
papers equals or exceeds three times the number to be
elected delegates as provided by section two, a non-partisan
primary shall be held in the commonwealth, or in such
district, on the first Tuesday of April in the year nineteen
hundred and seventeen. At such primary, twice the number
of persons to be elected delegates shall be chosen from those
nominated by nomination papers, and those so chosen
shall be deemed nominated as candidates for delegate,
and their names only shall appear on the ballot at said
special election. The provisions of section five of this act
shall, so far as is consistent herewith, apply to the primaries
provided for by this section.
Section 5. At the special election to be held under the Number of
. . n .. .1 ...i 1 , , delegates to be
provisions oi section one, every person then entitled to vote voted for.
for state officers shall have the right to vote for sixteen
delegates at large, for four delegates from his congressional
district, and for the number of delegates from his repre-
sentative district to which that district is entitled under
the provisions of section two. The number of delegates of
76
General Acts, 1916. — Chap. 98.
Meeting, pro-
cedure, etc.
Action to be
submitted to
the people.
Quarters,
compensation
expenses, etc.
each class for which the voter has the right to vote shall
appear on the official ballot. No party or political desig-
nation shall appear on said ballot.
Section 6. The persons elected delegates shall meet in
convention in the state house, in Boston, on the first Wednes-
day in June in the year nineteen hundred and seventeen.
They shall be the judges of the returns and election of their
own members, and may adjourn from time to time; and
one hundred and sixty-one of the persons elected shall
constitute a quorum for the transaction of business. They
shall be called to order by the governor, and shall proceed
to organize themselves in convention, by choosing a presi-
dent and such other officers and such committees as they
may deem expedient, and by establishing rules of pro-
cedure; and when organized, they may take into considera-
tion the propriety and expediency of revising the present
constitution of the commonwealth, or making alterations
or amendments thereof. Any such revision, alterations or
amendments, when made and adopted by the said con-
vention, shall be submitted to the people for their ratifica-
tion and adoption, in such manner as the convention shall
direct; and if ratified and adopted by the people in the
manner directed by the convention, the constitution shall
be deemed and taken to be revised, altered or amended
accordingly; and if not so ratified and adopted the present
constitution shall be and remain the constitution of the
commonwealth.
Section 7. The convention shall be provided by the
sergeant-at-arms, at the expense of the commonwealth,
with suitable quarters and facilities for exercising its func-
tions. It shall establish the compensation of its officers and
members, which shall not exceed seven hundred and fifty
dollars for each member of the convention as such. It
shall, subject to the approval of the governor and council,
provide for such other expenses of its session as it shall
deem expedient, and may cause to be prepared and issued
a statement briefly setting forth such arguments as the
convention may see fit relative to any revision, alteration
or amendment of the constitution adopted by it, or any part
thereof. The members of the convention shall receive the
mileage specified in section eight of chapter three of the
Revised Laws, as amended by chapter six hundred and
seventy-six of the acts of the year nineteen hundred and
eleven. The governor, with the advice and consent of the
General Acts, 1916. — Chap. 99. 77
coiiiK'il, is authorized to draw liis warrant on the treasury
for any of tlie foregoing expenses.
Section S. The secretary of the commonwealth is hereby Certain city
directed to transmit forthwith printed copies of this act to officials to be
the selectmen of each town and the mayor of each city
within the commonwealth; and whenever the governor
shall issue his proclamation, calling upon the people to elect
delegates, the secretary shall also, immediately thereafter,
transmit printed copies of said proclamation, attested by
him, to the selectmen and mayors.
Section 9. All laws relating to nominations and nomi- Certain
, . 1 J • • 1 J • 1 j_ provisions of
nation papers, and to pnmaries, elections and corrupt law to apply.
]iractices therein, shall, so far as is consistent herewith,
apply to the nomination of candidates for delegate to the
convention, and to the primaries and special election pro-
vided for by this act. Approved April 3, 1916.
An Act relative to the removal of city solicitors. QJiaj) 99
Be it enacted, etc., as folloivs:
Section 1, Section five of Part III, Plan B, of chapter i9i5, 267 (G).
two hundred and sixty-seven of the General Acts of the amended.
year nineteen hundred and fifteen is hereby amended by
adding at the end thereof the words: — and may be re-
moved by the mayor, without such confirmation. The
provisions of this section shall apply to the city solicitor in
office at the time when Plan B becomes operative and to
any city solicitor appointed thereafter, — so as to read as
follows: — Section 5. All heads of departments and mem- officials in
1 n ••11 1 jI- , , i>(T> certain cities,
bers 01 municipal boards, as their present terms of oince appointment,
expire, but excluding the school committee, officials ap- citTsoticitor.'
pointed by the governor, and assessors where they are
elected by vote of the people, shall be appointed by the
mayor, subject to confirmation by the city council; but the
city solicitor shall be appointed by the mayor, without con-
firmation by the city council, and may be removed by the
mayor, without such confirmation. The provisions of this
section shall apply to the city solicitor in office at the time
when Plan B becomes operative and to any city solicitor
appointed thereafter.
Section 2. This act shall apply as of the date of its Time of taking
passage to cities which have already adopted the Plan B
form of charter and to cities which may thereafter adopt the
said form.
78
General Acts, 1916. — Chaps. 100, 101.
Section 3. This act shall take effect upon its passage.
{The foregoing was laid before the governor on the twenty-
eighth day of March, 1916, and after five days it had "the
force of a law", as -prescribed by the constitution, as it was not
returned by him with his objections thereto within that time.)
Owners of
certain land
in Needham
may connect
with south
metropolitan
sewerage
system.
Chap. 100 An Act to permit owners of certain land in needham
TO connect the same with the main trunk sewer of
the south metropolitan sewerage system.
Be it enacted, etc., as follows:
Section 1. The metropolitan water and sewerage board
may, upon such terms and conditions as said board may
determine, permit the owners of land in the town of Need-
ham, through which passes the main trunk sewer provided
for by chapter three himdred and forty-three of the acts
of the year nineteen hundred and fourteen, to connect by
private drains with said sewer, and thereby to discharge
their sewage into the south metropolitan sewerage system.
The said board may also determine whether said owners
shall pay for said privilege and, if so, the amount and time
of payment. If payment is required it shall be made to
said board and applied to the maintenance and operation
of the south metropolitan sewerage system. Such payment
shall cease upon the admission of the town of Needham
into the south metropolitan sewerage district.
Section 2. This act shall take effect upon its passage.
Approved April ^, 1016.
1913, 719,
amended.
17,
ChapAOl An Act relative to the deposit of trust funds held
BY municipalities.
Be it enacted, etc., as follows:
Section 1. Chapter seven hundred and nineteen of the
acts of the year nineteen hundred and thirteen is hereby
amended by striking out section seventeen and inserting in
place thereof the following new section: — Section 17.
Trust funds, including cemetery perpetual care funds,
unless it is otherwise provided or directed by the donor
thereof, shall hereafter be placed at interest in savings
banks, trust companies incorporated under the laws of the
commonwealth, or national banks, or invested by cities and
Trust funds
held l)y cities
and towns
to be placed
at interest.
General Acts, 1916. — Chap. 102. 79
towns in securities which are legal investments for savings
banks.
Section 2. This act shall take effect upon its passage.
Approved April 4> 1916.
An Act relative to registration of minors. Chap. 102
Be it enacted, etc., as follows:
Section 1. Section three of chapter forty-three of the r.l.43. §3
Revised Laws, as amended by chapter four hundred and
forty-three of the acts of the year nineteen hundred and
fourteen, is hereby further amended by striking out the
word "annually", in the second line, by striking out the
words " on the first day of September, and such record shall
be completed on or before the fifteenth day of November",
in the tenth, eleventh and twelfth lines, and by adding at
the end thereof the words: — Attendance officers or the Duties, etc.,
attendance department, under the direction of the school offi^cera" ^'^^^
committee and superintendent of schools, shall have charge
of the records required by this section, and shall be re-
sponsible for their completeness and accuracy. A card, as
prescribed by the board of education, shall be kept for
every child whose name is recorded under the provisions of
this section. Principals, teachers and supervisory officers
shall co-operate with attendance officers in the discharge
of their duties under this act.
Attendance officers shall compare the names of persons Attendance
enrolled in the public and private schools of each city or LepTe^rds.
town with the names of persons recorded as required by
this act, and examine carefully into all cases where persons
of school age are not enrolled in, and attending some school,
as required by section one of chapter forty-four of the Re-
vised Laws, as amended by chapter three hundred and
twenty of the acts of the year nineteen hundred and five, by
chapter three hundred and eighty-three of the acts of the
year nineteen hundred and six, and by section one of chapter
seven hundred and seventy-nine of the acts of the year nine-
teen hundred and thirteen.
The annual school committee report of each city and ni^'^ttei toreport
town shall contain a statement of the number of persons certain facts.
recorded as required by this act, classified by ages, to-
gether with a statement of the number attending public
or private schools, and the number not attending school in
80
General Acts, 1916. — Chap. 102.
Private schools
to report.
School commit-
tee to take
census.
Penalty.
Duties, etc., of
attendance
officers.
Attendance
officers to keep
records.
any given year, as required by section one of chapter forty-
four of the Revised Laws, as amended by chapter three
hundred and twenty of the acts of the year nineteen hundred
and five, l)y chapter three hundred and eighty-three of the
acts of the year nineteen hundred and six, and by section
one of chapter seven hundred and seventy-nine of the acts
of the year nineteen hundred and thirteen.
The supervisory officers of all private schools in the
commonweahh shall, within thirty days after the enroll-
ment or registration of any pupil of compulsory school age,
report the name, age and residence of the pupil to the super-
intendent of schools of the city or town in which the pupil
resides; and whenever the pupil withdraws from a private
school, the supervisory officer thereof, shall, within ten
days, notify the superintendent of schools of the city or
town in which the pupil resides, — so as to read as follows:
— Section 3. The school committee of each city and town
shall ascertain and record the names, ages and such other
information as may be required by the board of education,
of all children between five and seven years of age, of all
children between seven and fourteen years of age, of all
children between fourteen and sixteen years of age, and
of all minors over sixteen years of age who cannot read at
sight and write legibly simple sentences in the English
language, residing in its city or town. Whoever, having
under his control a minor over five years of age, withholds
information sought by a school committee or its agents
under the provisions of this section or makes a false state-
ment relative thereto, shall be punished by a fine of not
more than fifty dollars. Attendance officers or the attend-
ance department, under the direction of the school com-
mittee and superintendent of schools, shall have charge of
the records required by this section, and shall be responsible
for their completeness and accuracy. A card, as prescribed
by the board of education, shall be kept for every child
whose name is recorded under the provisions of this section.
Principals, teachers and supervisory officers shall co-operate
with attendance officers in the discharge of their duties
under this act.
Attendance officers shall compare the names of persons
enrolled in the pul)lic and private schools of each city or
town with the names of persons recorded as required by
this act, and examine carefully into all cases where persons
of school age are not enrolled in, and attending some school,
General Acts, 191G. — Chap. 102. 81
as required by section one of chapter forty-four of the Re-
vised Laws, as amended by chapter three hundred and
twenty of the acts of the year nineteen hundred and five,
by chapter three hundred and eighty-three of the acts of
the year nineteen hundred and six, and by section one of
chapter seven hundred and seventy-nine of the acts of the
year nineteen hundred and thirteen.
The annual school committee report of each city and School com-
i> 1 Hiittoe to
town shall contam a statement of the number of persons report certain
recorded as required by this act, classified by ages, to-
gether with a statement of the number attending public or
private schools, and the number not attending school in any
given year, as recpiired by section one of chapter forty-four
of the Revised Laws, as amended by chapter three hundred
and twenty of the acts of the year nineteen hundred and
five, by chapter three hundred and eighty-three of the acts
of the year nineteen hundred and six, and by section one
of chapter seven hundred and seventy-nine of the acts of
the year nineteen hundred and thirteen.
The supervisory officers of all private schools in the com- Private schools
monwealth shall, within thirty days after the enrollment or ^ ''^p^''*-
registration of any pupil of compulsory school age, report
the name, age and residence of the pupil to the superin-
tendent of schools of the city or tow^i in which the pupil
resides; and whenever the pupil withdraws from a private
school, the supervisory officer thereof, shall, within ten
days, notify the superintendent of schools of the city or
town in which the pupil resides.
Section 2. Section four of chapter forty-three of the r.l.43, §4,
Revised Laws, as amended by section three of chapter three *^ ^" ^^^^'^ ^
hundred and sixty-eight of the acts of the year nineteen
hundred and twelve, by chapter three hundred and fifty-
six of the acts of the year nineteen hundred and thirteen,
and by section two of chapter four hundred and forty-three
of the acts of the year nineteen hundred and fourteen, is
hereby further amended by striking out the words "ac-
cording to the school census taken", in the tenth line, and
by striking out the word "September", in the eleventh
line, and inserting in place thereof the word: — April, —
so as to read as follows: — Section A. The chairman of ^^hairman of
111 • 111 IP 11' school coinmit-
each school committee shall annually on or berore the thirty- tee to furnish
first day of July transmit to the commissioner of education a information.
certificate filled out, signed and sworn to by him, contain-
ing the following statements: —
82
General Acts, 1916. — Chap. 102,
School
statistics.
Board of
education to
furnish forms.
First. The number of persons between the ages of five
and seven years, the number of persons between the ages of
seven and fourteen years, and the number of persons be-
tween the ages of fourteen and sixteen years, residing in the
town (or city), on the first day of April, last preceding the
date of this certificate.
Second. The number of persons in the average member-
ship of the public schools of the town (or city), for the
school year last preceding the date of the certificate, as de-
termined by the rules of the state school register.
Third. The amount of money raised by taxation by
the town (or city), and expended during the fiscal year last
preceding the date of the certificate for the support of the
public schools, including the wages of teachers, the trans-
portation of school children, fuel, the care of fires, school-
rooms and school premises, repairs, supervision, text-books
and supplies, and school sundries or incidentals, but ex-
cluding alterations of school buildings, other than repairs,
and construction of schoolhouses and contributions for the'
support of public schools which may be received from the
commonwealth or from other sources than local taxation,-
and also the total expenditures, classified, for the public
schools during the school year last preceding the date of this
certificate.
Fourth. That the town (or city) has maintained during
the school year last preceding the date of this certificate
each of the schools, as required by section one of chapter
forty-two of the Revised Laws, as amended by chapter one
hundred and eighty-one of the acts of the year nineteen
hundred and eight, and by chapter five hundred and twenty-
four of the acts of the year nineteen hundred and ten, for
a period of not less than thirty-two weeks, or twenty-eight
weeks, if such reduction has been allowed under the pro-
visions of the aforesaid section.
Fifth. That the town (or city) has maintained, during
the school year last preceding the date of this certificate, a
high school, as required by section two of said chapter
forty-two, for a period of months,
days, as stated.
The board of education is authorized and directed to
prepare and furnish to school committees suitable forms of
the certificate required by this section.
Approved April 4, 1916.
General Acts, 1916. — Chaps. 103, 104. 83
An Act relative to interest upon unpaid taxes. Chap. 103
Be it enacted, etc., as follows:
Section seventy-one of Part I of chapter four hundred and partif§'7i,
ninety of the acts of the year nineteen hundred and nine, ^*''- ai»ended.
as amended by section one of chapter six hundred and
eighty-eight of the acts of the year nineteen hundred and
thirteen, and by section twenty-one of chapter two hundred
and thirty-seven of the General Acts of the year nineteen
hundred and fifteen, is hereby further amended by striking
out the said section and inserting in place thereof the follow-
ing: — Section 71. Taxes shall be payable in every city interest pay-
and town and m every fare, water, watch or improvement paid taxes,
district, in which the same are assessed, and bills for the
same shall be sent out, not later than the fifteenth day of
October of each year, unless by vote, ordinance or by-law
of the city, town or district, an earlier date of payment is
fixed. On all taxes remaining unpaid after the expiration Rate of interest.
of fifteen days from the date when taxes are payable, interest
shall be paid at the rate of six per cent per annum, com-
puted from the date on which they become payable; but if,
in any case, the tax bill is sent out later than the day pre-
scribed, interest shall be computed only from the expiration
of such fifteen days. In no case shall interest be added
to taxes paid prior to the expiration of fifteen days from
the date when they are payable. Bills for taxes assessed
under the provisions of section eighty-five of Part I of said
chapter four hundred and ninety shall be sent out not later
than December twenty-sixth, and said taxes shall be payable
not later than December thirty-first. If remaining unpaid
after that date, interest shall be paid at the rate above
specified, computed from December thirty-first until the
day of payment, but if, in any case, the tax bill is sent out
later than December twenty-sixth, interest shall be com-
puted from the fifteenth day of January next following. In
all cases where interest is payable, it shall be added to and
become a part of the tax. Ayi^oved April 4, 1916.
An Act to make the first day of January, known as CAap. 104
new year's day, a legal holiday.
Be it enacted, etc., as follows:
Section 1. The Ninth clause of section five of chapter r.l. 8.§.5.
eight of the Revised Laws, as amended by chapter one ^ '^" ^"'^'^
84 General Acts, 1916. — Chap. 105.
hundred and thirty-six of the acts of the year nineteen
hundred and eleven, is hereby further amended by inserting
after the word "inchide", in the first and second fines, the
words : — - the first day of January, — and by striking out
the word "four", in the sixth fine, and inserting in place
thereof the word: — five,- — so as to read as fofiows: —
First day of Niuth. The words "legal holiday" shall, include the first
as Ntw Year's day of January, the twenty-second day of February,- the
holfdayf " °^^ nineteenth day of April, the thirtieth day of May, the fourth
day of July, the first Monday of September, the twelfth
day of October, Thanksgiving day and Christmas day, or
the day following when any of the five days first mentioned,
the twelfth day of October or Christmas day occurs on
Sunday; and the public offices shall be closed on all of said
days.
ni'itted'to^the" Section 2. This act shall be referred to the people for
JtateeiecUon' their rejection or approval at the polls, and shall be voted
on at the next annual state election, and shall become law
if approved by a majority of the voters voting thereon.
The act shall be referred in the form of the following question
to be placed upon the official ballot: "Shall an act passed
by the General Court in the year nineteen hundred and
sixteen, to make the first day of January, known
as New Year's Day, a legal holiday, be ap-
proved and become law?"
Approved April 5, 1916.
Chap. 105 An Act relative to the signing of corporation stock
CERTIFICATES.
Be it enacted, etc., as follows:
imended^^^' Section 1. Scctiou tweuty-six of chapter four hundred
and thirty-seven of the acts of the year nineteen hundred
and three is hereby amended by striking out the words
"and by the treasurer", in the third and fourth lines, and
inserting in place thereof the following : — or a vice presi-
dent and either the treasurer or an assistant treasurer, —
Business so as to read as follows: — Section 26. Each stockholder
conjuration gj^^jj |^^ entitled to a certificate, in form conformable to the
how'sfgned". provisious of sectiou fourteen, which shall be signed by the
president or a vice president and either the treasurer or an
assistant treasurer of the corporation, shall be sealed with
its seal and shall certify the number of shares owned by
him in such corporation. Each certificate of stock which
YES.
NO.
General Acts, 1916. — Chaps. 106, 107. 85
by the agreement of association or amended agreement of pr^orenc°s''to'^
association or, in the case of a corporation created bv special appear upon
, . . , , . ..,.., . . stock cer-
law, by its articles oi organization is hinited as to its voting tificates.
rights, or which is preferred as to its dividend or as to its
share of the principal npon dissohition, shall have a snfficient
statement of snch limitation or preference plainly written
or stamped upon it, and each certificate subseqnently
issued of any class of stock in the corporation shall have
printed or stamped thereon the clause of such agreement
of association or amended agreement of association or
articles of organization authorizing the issue of stock in
any respect preferred or limited.
Section 2. This act shall take effect upon its passage.
A'pjjroved April 6, 1916.
An Act to provide for the construction and mainte- QJiav.X^Q
NANCE OF A PUBLIC COMFORT STATION AND SANITARY
BUILDING FOR LYNN SHORE AND KING's BEACH RESERVA-
TIONS.
Be it enacted, etc., as follows:
Section 1 . The metropolitan park commission is hereby Construction of
authorized to expend a sum not exceeding five thousand ience station,
dollars from the Metropolitan Parks ]\Iaintenance Fund shore and^*""
for the purpose of constructing and maintaining a public JeservaUoas'.*
comfort station or sanitary building for the use of the public
at King's beach and Lynn shore reservations.
..Section 2. This act shall take effect npon its passage.
Approved April 6, 1916.
An Act relative to the lighting of reservations, njidy JQ?
PARKWAYS AND OTHER LANDS UNDER THE CONTROL OF
THE METROPOLITAN PARK COMMISSION.
Be it enacted, etc., as follows:
Section 1. Section one of chapter five hundred and ^^jgij^ed^^'
fifteen of the acts of the year nineteen hundred and four-
teen is hereby amended by striking out the word " five ",
in the fourth line, and inserting in place thereof the word:
— ten, — so as to read as follows : — Section 1 . The metro- Lighting of
politan park commission is hereby authorized to enter rllervations,
into an agreement with any electric light, power or gas pubii^lands.''*^
company within the metropolitan parks district for a period
not exceeding ten years for the lighting of any part of the
86 General Acts, 1916. — Chaps. 108, 109.
reservations, parkways or other lands under the control of
said commission, upon such terms as said commission deems
most advantageous to the commonwealth.
Section 2. This act shall take effect upon its passage.
Approved April 6, 1916.
ChapAOS An Act relative to contingent remainders.
Be it enacted, etc., as follows:
Smaindlr* Section 1. A Contingent remainder shall take effect,
time of taking notwithstanding any determination of the particular estate,
in the same manner in which it would have taken effect if
it had been an executory devise or a springing or shifting
use, and shall, as well as such limitations, be subject to the
rule respecting remoteness known as the rule against per-
petuities, exclusively of any other supposed rule respecting
limitations to successive generations or double possibilities.
Restrictions. Section 2. This act shall take effect upon its passage,
and, except so far as declaratory of existing law, shall apply
only to instruments thereafter executed and to wills and
codicils revived or confirmed by a will or codicil thereafter
executed. Approved April 6, 1916.
Chap. 109 An Act to authorize the appointment of interpreters
FOR THE CIVIL SESSIONS OF THE MUNICIPAL COURT OF THE
CITY OF BOSTON.
Be it enacted, etc., as follows:
1912, 648, §1, Section 1. Section one of chapter six hundred and
amended. •ipi pi •
lorty-eight or the acts or the year nineteen hundred and
twelve is hereby amended by inserting after the word
"criminal", in the third line, the words: — and civil, —
and also by inserting after the word "criminal", in the
tenth line, the words: — or civil, — so as to read as fol-
Appointmentof jows: — Scction 1. The I'tistices of the municipal court of
interpreters for . pt-i • i/t»'I'
civil sessions of the City of Bostou may appoint such ofhcial interpreters
municipal court , , i>,i ••! I'-i
of Boston. as they may deem necessary tor the criminal and civil
sessions of the court, and may fix their compensation. The
interpreters shall hold their positions at the pleasure of the
court and shall render such additional service as the chief
justice may require. The said justices shall forthwith dis-
charge any such interpreter who shall be found by them
to have requested or received, directly or indirectly, any
gratuity, bonus or fee in connection with any criminal or
\
\
General Acts, 1916. — Chaps. 110, 111. 87
civil case pending or in course of preparation for presenta-
tion to anj^ court. The provisions of this section shall not
prevent the court from allowing reasonable compensation
to other interpreters when the services of the official in-
terpreters are not available.
Section 2. This act shall take effect upon its accept- Act to be sub-
!• MP!' i!T-> mitted to city
ance by the mayor and city council or the city ot Boston, council, etc.
Ajiproved Ayril G, 1016.
An Act to prohibit the use of artificial light and of (jj^^iy hq
VEHICLES IN HUNTING.
Be it enacted, etc., as foUoivs:
Chapter five hundred and thirty-three of the acts of the loio, 533, etc.,
year nineteen hundred and ten, as amended in section one ^"'''^'^^^■
by chapter one hundred and one of the acts of the year
nineteen hundred and eleven, is hereby further amended by
striking out said section one and inserting in place thereof
the following: — Section 1. It shall be unlawful to take or Use of artificial
kill a game bird or water fowl, or any wild game quadruped, vlhicre"h"
for which a close season is provided, by means of a trap, prowb^eu.
net or snare, or, for the purpose of killing a game bird or
water fowl, or any wild game quadruped, so protected by
law, to construct or set a trap, net or snare, or to pursue,
shoot at or kill any wild fowl, or any of the so-called shore,
marsh and beach birds, with a swivel or pivot gun, or by
the use of a torch, jack or artificial light, or by the aid or
use of any vehicle, boat or floating device propelled by
steam, naphtha, gasolene, electricit}', compressed air, or
any similar motive power, or by any mechanical means
other than sails, oars or paddles. But the provisions of this Exemption.
chapter shall not apply to persons shooting at or killing
said birds from such boats or floating devices if the same
are at anchor. Approved April 6, 1916.
An Act to authorize cities and towns to incur in- (JJku) w\
debtedness for acquiring land and for the con-
struction of buildings.
Be it enacted, etc., as follows:
Section 1. Section five of chapter seven hundred and i9i3, 719 §5,
amendea.
nineteen 01 the acts of the year nineteen hundred and thirteen
is hereby amended by striking out subdivision (3) in said
General Acts, 1916. — Chaps. 112, 113.
Cities and
towns may
borrow money
for acquiring
land, etc.
section and inserting in place thereof the following: — (3)
For acquiring land for any purpose for which a city or town
is or may hereafter be authorized to acquire land, not other-
wise herein specified, and for the construction of buildings
which cities and towns are or may hereafter be authorized
to construct, including the cost of original equipment and
furnishing, twenty years.
Section 2. This act shall take effect upon its passage.
Ay'proved Ayril 7, 1916.
Chap. 112 An Act to provide for the expenses of the state
LIBRARY.
Expenses of
state library.
Repeal.
Be it enacted, etc., as follows:
Section 1. The trustees of the state library may ex-
pend annually a sum not exceeding twelve thousand one
hundred and ninety dollars for permanent assistants and
clerks; a sum not exceeding five hundred dollars for tempo-
rary clerical assistants; a sum not exceeding eight thou-
sand dollars for books, maps, papers, periodicals and other
material for the library, and for binding the same; and a
sum not exceeding twenty-five hundred dollars for incidental
expenses, including binding their report. They may also
expend for cataloguing during the fiscal year nineteen
hundred and sixteen, a sum not exceeding five thousand
dollars and thereafter such sums as the general court may
appropriate from year to year.
Section 2. Section two of chapter four hundred and
twenty-one of the acts of the year nineteen hundred and
ten is hereby repealed.
Section 3, This act shall take effect upon its passage.
Approved A'pril 8, 1916.
Chap. 11?>
Police pensions
in cities.
An Act relative to police pensions in cities.
Be it enacted, etc., as follows:
Section 1. The provisions of chapter six hundred and
twenty-four of the acts of the year nineteen hundred and
eleven shall not apply to the retirement on a pension of
members of police departments in cities who are seventy
years of age or more.
Section 2. This act shall take effect upon its passage.
Approved April S, 1916.
General Acts, 1916. — Chap. 114. 89
An Act relative to the duties of medical examiners. Chap. 114:
Be it enacted, etc., as folloivs:
Chapter twenty-four of the Revised Laws, as amended ^c.^am'euded.
in section ten by section one of chapter two hundred and
seventy-three of the acts of the year nineteen hundred and
nine, is hereby further amended by striking out said section
ten and inserting in phice thereof the following new section:
— Section 10. lie shall forthwith file with the district Medical
„,.,.. PI 1 • examiners,
attorney of his district a report or each autopsy and view duties, etc.
and of his personal inquiries, with a certificate that, in his
judgment, the manner and cause of death could not be
ascertained by view and inquiry and that an autopsy was
necessary. The district attorney if satisfied that an autopsy
was necessary, shall so certify to the county commissioners
having jurisdiction over the place in which the autopsy was
held or, in the county of Suffolk, to the auditor of Boston.
If upon such view, personal inquiry or autopsy, the medical jigtric^t^a'ttor-'
examiner is of opinion that the death was caused by the ney,etc.
act or negligence of another, he shall at once notify the
district attorney and a justice of the police, district or
municipal court or trial justice having jurisdiction over the
place in which the body was found, if the place of the sup-
posed act or negligence and that in which the body was
found be within the same county and within the district of
said medical examiner, and likewise if the place of such
supposed act or negligence be not known, and shall file an
attested copy of the record of his autopsy in such court or
with such justice and with the district attorney. If the
place of such supposed act or negligence and the place in
which the body was found be not within the same county
and within the district of the said medical examiner, he
shall at once notify the district attorney and a justice of
the police, district or municipal court or trial justice having
jurisdiction over the place where the supposed act or negli-
gence causing the death of the deceased was committed or
occurred and shall file an attested copy of his autopsy and
view and of his personal inquiries relating thereto in the
court or with the justice and with the district attorney
having jurisdiction over such place.
Approved April S, 1916.
90 General Acts, 1916. — Chaps. 115, 116.
Chap.115 An Act relative to the furnishing of lockers in
CERTAIN FACTORIES AND WORKSHOPS.
Be it enacted, etc., as follows:
}^n^l^^d'i^^ Section 1. In any mercantile or manufacturing es-
certam tablishmcnt in which the nature of the work renders it
necessary for any or all employees, before beginning work,
to make a substantially complete change of clothing, ex-
clusive of underclothing, separate lockers, closets or other
receptacles, each with a lock and key, shall be provided for
the use of such employees.
Svi^SfonT Section 2. It shall be the duty of the state board of
and enforce- labor and iudustrics to investigate all reported violations of
this act, and to enforce the same by prosecution.
Penalty. SECTION 3. Any violatiou hereof shall be punished by a
fine of not less than five or more than twenty dollars for
each offence. Approved April S, 1916.
Chap.llQ An Act relative to the eligibility of widows to re-
ceive soldiers' relief in certain instances.
Be it enacted, etc., as follows:
li^i^deV ^^' Section 1. Chapter seventy-nine of the Revised Laws
is hereby amended by striking out section eighteen and
Eligibility of inserting in place thereof the following: — Section 18. If
widows, etc., to i i • ji p ^i tt 'j i
receive soldiers' a persou who scrvcd 111 the army or navy oi trie United
iustoncea!'^*'*'" Statcs in the war of the rebellion and received an honorable
discharge from all enlistments therein, and Avho has a legal
settlement in a city or town in the commonwealth, becomes,
from any cause except his own criminal or wilful miscon-
duct, poor and entirely or partially unable to provide main-
tenance for himself, his wife or minor children under the
age of sixteen years, or for a dependent father or mother;
or if such person dies leaving a widow or such minor children
or a dependent father or mother without proper means
of support, such support shall be accorded him or his said
dependents as may be necessary by the city or town in
which they or any of them have a legal settlement; but
should such person have all the said qualifications except
settlement, his widow, who has acquired a legal settlement
in her own right before the first day of January in the year
nineteen hundred and ten, which settlement has not been
defeated or lost, shall also be eligible to receive relief under
General Acts, 1916. — Chap. 117. 91
the provisions of this section. Such rehef shall be furnished f'^rnfii'jjj^
by the mayor and aldermen or the selectmen, or, in the
city of Boston, by the soldiers' relief commissioner, subject,
however, to the direction of the city council of said city
as to the amount to be paid. The beneficiary shall receive
such relief at home, or at such other place as the mayor
and aldermen, selectmen or soldiers' relief commissioner,
may deem proper, but he shall not be required to receive
the same at an almshouse or public institution unless his
physical or mental condition requires it, or unless his parents
or guardian so elects, in case he is a minor.
Section 2. This act shall take effect upon its passage.
Ajjproved Ajml 10, 1916.
An Act relative to search warrants under the law QJkit) 117
relating to certain drugs.
Be it enacted, etc., as follows:
Section one of chapter three hundred and seventy-two loii, 3-2, § 1,
n.i A. e J.1 ' J. 1_JJ II etc., amended.
01 the acts or the year nmeteen hundred and eleven, as
amended by section one of chapter two hundred and eighty-
three of the acts of the year nineteen hundred and twelve,
and by section one of chapter one hundred and fifty-nine of
the General Acts of the year nineteen hundred and fifteen,
is hereby further amended by striking out the said section
and inserting in place thereof the following: — Section 1. Search warrants
Tr> 1 !• !• !•• under law
If a person makes complamt under oath to a police, district relating to
or municipal court, or to a trial justice or justice of the
peace authorized to issue warrants in criminal cases, that
he has reason to believe that opium, morphine, heroin,
codeine, cannabis indica, cannabis sativa, peyote, or any
other hypnotic drug, or any salt, compound or preparation
of said substances, or any cocaine, alpha or beta eucaine,
or any synthetic substitute for them, or any preparation
containing the same, or any salts or compounds thereof, is
kept or deposited by a person named therein in a store,
shop, warehouse, building, vehicle, steamboat, vessel or any
place whatever other than a manufacturer or jobber, whole-
sale druggist, registered pharmacist, registered physician,
registered veterinarian, registered dentist, registered nurse,
employees of incorporated hospitals, or a -common carrier
or porter when transporting any drug mentioned herein
between parties hereinbefore mentioned, such court or
justice, if it appears that there is probable cause to believe
92 General Acts, 1916. — Chaps. 118, 119.
Search warrants that Said complaint is true, shall issue a search warrant to
under law • /v i • iv ' i i i • p /» i- l
relating to a slienii, (Icpiity shenn, city marshal, chiei or police, deputy
marshal, police officer or constable commanding him to
search the premises in which it is alleged that any of the
above mentioned drugs is kept or deposited, and to seize
and securely keep the same until final action, and to arrest
the person or persons in whose possession it is found, to-
gether with all persons present if any of the aforesaid sub-
stances is found, and to return forthwith the warrant with
his doings thereon, to a court or trial justice having juris-
diction in the place in which said substance is alleged to be
kept or deposited.
{The foregoing was laid before the governor on the fourth
day of A'pril, 1916, and after five days it had "the force of a
law", as prescribed by the co7istitution, as it was not returned
by him with his objections thereto within that time.)
Chap.llH An Act relative to cinematographs using only cellu-
lose ACETATE FILMS.
Be it enacted, etc., as follows:
'mLdlV^' Section 1. Section seventeen of chapter five hundred
and fifty of the acts of the year nineteen hundred and seven,
as amended by section four of chapter seven hundred and
eighty-two of the acts of the year nineteen hundred and
fourteen, is hereby further amended by adding at the end
Proviso. of the first paragraph thereof the following : — 'provided,
however, that nothing herein shall be construed to prevent
the use in buildings of second or third class construction of
any cinematograph or similar apparatus operated only with
cellulose acetate films not more than one inch and one fourth
in width and using only an inclosed incandescent lamp.
Section 2. This act shall take effect upon its passage.
Approved April 11, 1916.
Chap. 119 An Act relative to the promotion of substitute call
MEN IN FIRE DEPARTMENTS.
Be it enacted, etc., as follows:
fu'bsTtutecaii Section 1. The term "call men or part call men" as
men in fire ugcd in scctiou ouc of chaptcr four hundred and eighty-
seven of the acts of the year nineteen hundred and thirteen,
as amended by chapter one hundred and thirty-eight of the
General Acts, 191G. — Chap. 120. 93
acts of the year nineteen hundred and fourteen, shall be
construed to include substitute call men.
Section 2. This act shall take effect uj)on its passage.
Approved Ayril 11, 1916.
An Act relative to sales by itinerant vendors. Chav. 120
Be it enacted, etc., as follows:
Section 1. Section three of chapter sixty-five of the r. l. g5, §3,
Revised Laws is hereby amended by striking out the words =""''"'^'^'-
"secretary of the commonwealth", in the third and fourth
lines, and inserting in place thereof the words: ^ — commis-
sioner of weights and measures, — and by striking out the
word "secretary", where it occurs in the sixth and seventh
lines, and inserting in place thereof the word: — commis-
sioner, — so as to read as follows: — Section 3. Every itinerant
itinerant vendor, whether principal or agent, shall, before licensed. -
commencing business in this commonwealth, make ap-
plication in writing, under oath, to the commissioner of
weights and measures for a license, stating the names and
residences of the owners or parties in whose interest said
business is conducted, shall make a special deposit of five Deiaosit
hundred dollars with the commissioner and pay to him a **"'
state license fee of twenty-five dollars. The commissioner
shall thereupon issue to him an itinerant vendor's license
authorizing him to do business in this commonwealth for
the term of one year from the date thereof. Every license
shall contain a copy of the application therefor, shall not be
transferable, shall not authorize more than one person to
sell goods as an itinerant vendor, either by agent or clerk
or in any other way than in his own proper person, shall
expire in one year from the date thereof and may be earlier
surrendered for cancellation. A licensee may have the
assistance of one or more persons in conducting his business
who may aid him but not act for or without him.
Section 2. Section four of said chapter sixty-five isRL.es §4,
hereby amended by striking out the words "secretary of
the commonwealth", in the first line, and inserting in place
thereof the words: — commissioner of weights and meas-
ures, — and by striking out the word "secretary", in the
third line, and inserting in place thereof the word: — com-
missioner, — so as to read as follows: — Section 4- The Application for
commissioner of weights and measures shall keep on file all filed.'
applications for licenses and a record of all licenses issued
94 General Acts, 1916. — Chap. 120.
thereon. All files and records of said commissioner and of
the respective city or town clerks shall be in convenient
form and open to public inspection.
ifml'ndfd.^ ^' Section 3. Section eight of said chapter sixty-five is
hereby amended by striking out the words "secretary of the
commonwealth", in the sixth and seventh lines, and in-
serting in place thereof the words: — commissioner of
Bankrupt sales, wcights and mcasurcs, — so as to read as follows: — Section
8. No itinerant vendor shall advertise, represent or hold
forth any sale as an insurance, l)ankrupt, insolvent, assignee's,
trustee's, executor's, administrator's, receiver's, wholesale,
manufacturers' wholesale or closing out sale, or as a sale of
any goods damaged by smoke, fire, water or otherwise or
in any similar form, unless he shall before so doing state
under oath to the commissioner of weights and measures,
either in the original application for a state license or in a
supplementary application subsequently filed, all the facts
relating to the reasons and character of such special sale so
advertised or represented, including a statement of the
names of the persons from whom the goods, wares or mer-
chandise were obtained, the date of delivery to the person
applying for the license, the place from which said goods,
wares and merchandise were last taken and all details neces-
sary to exactly locate and fully identify all goods, wares and
merchandise to be so sold, and said statement shall be
copied on the state license.
^^"ded ^ "' Section 4. Section eleven of said chapter sixty-five is
hereby amended by striking out the words " secretary of the
commonwealth", in the second line, and inserting in place
thereof the words : — commissioner of weights and measures,
Cancellation of — SO as to read as follows: — Section 11. Upon the ex-
Hcense.'^'* piratiou and return or surrender of each state license the
commissioner of weights and measures shall cancel the same,
indorse the date of delivery and cancellation thereon, and
place the same on file. He shall then hold the special de-
posit of the licensee thereunder for sixty days and, after
satisfying all claims made upon the same under the pro-
visions of the following section, shall return the surplus to
the licensee.
Ilnliided^ 1"- Section 5. Said chapter sixty-five is hereby amended by
striking out section twelve and inserting in place thereof the
attechibie^°^'*' foUowing: — Section 12. Each deposit made with the com-
when. ' missioner of weights and measures shall be subject to at-
tachment and execution in behalf of creditors of the licensee
whose claims arise in coimection with the business done
General Acts, 1916. — Chap. 120. ' 95
under his state license, and the commissioner of weights
and measures may be held to answer as trustee, under the
trustee process, in any civil action in contract or tort brought
against any licensee and shall pay over under order of court,
or upon execution, such amoiuit of money as he may be
chargeable with ujion his answer. Said deposit shall also Special deposit,
be subject to the payment of any and all fines and penalties payment of
incurred by the licensee through violations of the pro- ^'^^^•®**-
visions of the preceding sections, and the clerk of the court
in which, or the trial justice by whom, such fine or penalty
is imposed shall thereupon give notice of the name of the
licensee, upon whom such fine or penalty is imposed, and
of the amount thereof, to the commissioner of weights and
measures, who, if he has in his hands a sufficient amount
deposited by such licensee, shall pay the amount so specified
to said clerk or trial justice, and if the commissioner shall
not have a sufficient amount so deposited he shall make
payment as aforesaid of so much as he has in his hands.
All judgments, fines or penalties shall be paid in the order order of
in which notice of the claim is received by the commissioner p^^™^"*-
of weights and measures, until all such claims are satisfied
or the deposit exliausted, but no notices filed after the ex-
piration of the sixty days limit aforesaid shall be valid.
No payment of any part of said deposit shall be made to a
licensee unless so much thereof is retained as is required to
discharge all claims due of which notice has been received
and which remain undecided or unpaid.
Section 6. Section twenty-nine of said chapter sixty- r. l. 65, § 29,
five, as amended by section seven of chapter two hundred ''**^' '*™°'^'^^'^-
and fifty-three of the General Acts of the year nineteen
hundred and fifteen, is hereby further amended by inserting
after the word "pedler", in the sixth line, the words: —
and itinerant vendor, — and also by inserting after the
word "pedlers", in the eighth line, the words: — and itin-
erant vendors, — so as to read as follows : — Section 29. Prosecutors.
The commissioner and inspectors of weights and measures
of the commonwealth and, within their respective cities and
towns, sealers or deputy sealers of weights and measures,
constables and police officers shall arrest and prosecute
every hawker and pedler, and itinerant vendor, whom they
may have reason to believe guilty of violating the provisions
of this chapter relating to hawkers and pedlers, and itinerant
vendors.
Section 7. This act shall take effect upon its passage.
Approved April 11, 1916.
96 ■ General Acts, 1916. — Chaps. 121, 122.
Chap. 121 An Act relative to the construction of buildings
IN THE COUNTY OF HAMPDEN FOR A COUNTY TRAINING
SCHOOL.
Be it enacted, etc., as follows:
ITamended. SECTION 1. Sectioii two of chapter one hundred and
twenty-two of the General Acts of the year nineteen hundred
and fifteen is hereby amended by inserting after the word
"hundred", in the fourth Hue, the words: — and forty, —
Construction of SO as to read as follows: — ■ Section 2. In order to meet the
Hampden'" expcusc iucurrcd under this act, the county commissioners
a°TOunty "^ of tlic couuty of Hampdeu are hereby authorized to borrow
training school, fj-gm time to time upon the credit of the county a sum not
exceeding one hundred and forty thousand dollars, and to
issue the bonds or notes of the county therefor. The bonds
or notes shall be payable in such annual payments, beginning
not more than one year after the date of each loan, as will
extinguish each loan within twenty years from its date, and
the amount of such annual payment of any loan in any year
shall not be less than the amount of the principal of the
loan payable in any subsequent year. Each authorized issue
of bonds or notes shall constitute a separate loan. The
said bonds or notes shall bear interest at a rate not exceed-
ing five per cent per annum, payable semi-annually, and
shall be signed by the treasurer of the county and counter-
signed by a majority of the county commissioners. The
county may sell the said securities at public or private sale,
upon such terms and conditions as the county commissioners
may deem proper, but they shall not be sold for less than
their par value, and the proceeds shall be used only for the
purposes herein specified.
Section 2. This act shall take effect upon its passage.
Approved April 11, 1916.
Chav. 122 An Act relative to commitment and discharge of
FEEBLE-MINDED PERSONS.
Be it enacted, etc., as follows:
1909. 504 §63, SectionI. Chapter fivc hundred and four of the acts of
the year nineteen hundred and nine is hereby amended by
striking out section sixty-three and inserting in place thereof
anddi3char"eof ^^^ following: — Scctiou 63. If upon application in writing,
feeble-minded a judge of probate finds that a person is a proper subject for
General Acts. 1916. — Chap. 122. 97
the Massachusetts School for the Feeble-Minded or the
Wrentham ■ state school, he may commit him thereto by an
order of commitment directed to the trustees thereof, accom-
panied by the certificate of a physician, qualified as provided
in section thirty-two, that such person is a proper subject for
said institution. The ph^'sician who makes the said certifi- Certificate of
. -^ • . puysician.
cate shall have examined the alleged feeble-minded person
within five days of his signing and making oath to the
certificate. A certificate bearing date more than ten days
prior to the order of commitment of any person alleged to
be feeble-minded shall be void, and the order of commit-
ment herein provided for shall be void if such person shall
not be received at the school to which he was committed
by such order of commitment within thirty days after the
date thereof. Unless the person sought to be committed is Noticeof
. i> 1 1 • !• • • commitment.
present at the tmie of the hearmg, or the application is
made by some one legally entitled to the custody of such
person, notice of the application and of the time and place
of hearing thereon shall be given to the person sought to be
committed, and the order of commitment shall state what
notice was given or the finding of facts which made notice
unnecessary, and shall authorize custody of the person until
he shall be discharged by order of a court or otherwise in
accordance with law.
Section 2. Section sixty-four of chapter five hundred isoo, 504 §64,
IP i>i i> ^ '' • 1111" amended.
and tour or the acts 01 the year nineteen hundred and nine
is hereby amended by inserting after the word "school", in
the tenth line, the following: — A physician who makes the
said certificate shall have examined the alleged feeble-
minded person within five days of his signing and making
oath to the certificate, and such medical certificate shall be
void if the person certified to be feeble-minded shall not be
received at the school to which he is committed within
thirty days after the date thereof, — so as to read as fol-
lows: — Section 64- The trustees of said institutions may Voluntary
at their discretion receive, maintain and educate in the * "^^^'°'*^-
school department, any feeble-minded person from this
commonwealth, gratuitously or otherwise, upon application
being made therefor by the parent or guardian of such
person, w^hich application shall be accompanied by the
certificate of a physician, qualified as provided in section
thirty-two, that such .person is deficient in mental ability,
and that in the opinion of the physician he is a fit subject
for said school. A physician who makes the said certificate
98
General Acts, 1916. — Chap. 122.
Medical
certificate.
Special pupils.
1909, 504, § 78.
amended.
Application for
discharge.
1909, .504, § 79,
amended.
Notice to
superintend-
ents.
shall have examined the alleged feeble-minded person within
five days of his signing and making oath to the certificate,
and such medical certificate shall be void if the person
certified to be feeble-minded shall not be received at the
school to which he is committed within thirty days after
the date thereof. Special pupils may be received from
any other state or province at a charge of not less than three
hundred dollars a year. The trustees may also at their
discretion receive, maintain and educate in the school de-
partment other feeble-minded persons, gratuitously or upon
such terms as they may determine.
Section 3. Section seventy-eight of said chapter five
hundred and four is hereby amended by adding at the end
thereof the following: — Such an application may likewise
be made by any inmate of the j\Jassachusetts School for the
Feeble-Minded or of the Wrentham state school, or by any
person in behalf of such inmate, — so as to read as follows:
— Section 78. Any person may make written application to
a justice of the supreme judicial court at any time and in
any county, stating that he believes or has reason to believe
that a person named in such application is confined as an
insane person in a hospital for the insane or other place,
public or private, and ought not longer to be so confined,
and giving the names of all persons supposed to be interested
in keeping him in confinement, and requesting his discharge.
Such an application may likewise be made by any inmate
of the Massachusetts School for the Feeble-Minded or of
the Wrentham state school, or by any person in behalf of
such inmate.
Section 4. Section seventy-nine of said chapter five
hundred and four is hereby amended by striking out the
word "person", in the seventh and eighth lines, and insert-
ing in place thereof the words: — or feeble-minded person,
as the case may be, — so as to read as follows : — Section
79. The justice, upon reasonable cause shown for a hearing,
shall order notice of the time and place thereof to be given
to the superintendent or manager of the hospital or place
of confinement, and to such other persons as he considers
proper; and such hearing shall be given as soon as con-
veniently may be before any justice of said court in any
county. The alleged insane, or feeble-minded person, as the
case may be, may be brought before the justice at the hear-
ing upon a writ of habeas corpus, if any person so requests
and the justice considers it proper. Pending the decision of
General Acts, 191G. — Chap. 123. 99
the court such person shall remain in the custody of the Further
. , , ^ ' . . . ' , i>roceedings.
supermtendent or manager. An issue or issues may he
framed and submitted to a jury by direction of the justice
or on the request of any person who appears in the case.
The jurors may be those in attendance on said court, if in
session at the time of the hearing, or may be summoned for
the purpose upon the order of the justice substantially in
accordance with the provisions of chapter one hundred and
seventy-six of the Revised Laws.
Section 5. Section eighty of said chapter five hundred a^H^'Jieti ^ ^^'
and four is hereby amended by inserting after the word
"confined", in the fifth fine, the words: — or in case of an
inmate of the Massachusetts School for the Feeble-Minded,
or of the Wrentham state school, that such inmate is not
feeble-minded, or that continued custody of his person is
unnecessary and unreasonable, or that he can be discharged
with safety to himself and the state, and will be cared for
properly elsewhere, — so as to read as follows: — Section 80. dan°erou^ to be
If it appears upon the verdict of the jury, or in the opinion discharged.
of the justice, if the case is not submitted to a jury, that the
person so confined is not insane, or that he is not dangerous
to himself or others and ought not longer to be so confined,
or in case of an inmate of the IMassachusetts School for the
Feeble-Minded, or of the Wrentham state school, that such
inmate is not feeble-minded, or that continued custody of
his person is unnecessary and unreasonable, or that he can
be discharged with safety to himself and the state, and will
be cared for properly elsewhere, he shall be discharged from
confinement.
Section 6. This act shall take effect upon its passage.
Approved April 13, 1,916.
An Act relative to the acquisition and maintenance (7/^^^) 123
of aeroplanes by the militia.
Be it enacted, etc., as follmvs:
Section 1. The adjutant general is hereby authorized nimntenin°e^°o1
to receive on behalf of the commonwealth any aeroplanes aeroplanes by
that may be donated to the commonwealth, to be operated
by members of the militia under his direction. For the
maintenance and repair of the same he may expend during
the current year a sum not exceeding twenty-five hundred
dollars.
Section 2. This act shall take effect upon its passage.
Approved April 14, 1016.
100 General Acts, 1916. — Chaps. 124, 125.
Chap. 124: An Act relative to the spreading of tar, oil and
OTHER SLIPPERY SUBSTANCES UPON PUBLIC WAYS.
Be it enacted, etc., as follows:
f^l^oifltc"!! Section 1. It shall be unlawful to spread or place, or
upon public cause to be spread or placed, tar, oil, or anv other similar
ways regulated. ^ i i- i • i*
substance upon any public way, unless withm three hours
thereafter the same is covered with sand, gravel, peastone
or other suitable material in such manner as to render the
way safe for travel. But a way may so be treated without
being so covered, if the tar, oil, or other similar substance is
first applied to not more than one half of the travelled
width of the way, and that half becomes safe for travel
before the remaining part of the way is similarly treated.
Alternate route. SECTION 2. A public Way Spread with tar, oil or similar
substance need not be covered as provided in section one,
if there be a good alternate route or detour which has not
been spread with tar, oil or similar substance, or which, if
so spread, has been rendered safe for travel as provided in
section one.
Penalty. Section 3. Violation of this act shall be punished by a
fine of not less than ten, nor more than one hundred dollars
for each offence. Approved AiJril I4, 1916.
Chap.125 An Act relative to clerical assistance for the
REGISTER OF PROBATE AND INSOLVENCY FOR THE COUNTY
OF ESSEX.
Be it enacted, etc., as follows:
Clerical assist- Section 1. The rcgistcr of probate and insolvencv for
ance for register " i , , , •
of probate and tlic couuty of Esscx shall be allowed, in addition to the
ins'jiVBncv for
Essex county, auiouut now allowcd by law, an annual sum not exceeding
five hundred dollars, for the salary of an additional clerical
assistant, to be paid from the treasury of the commonwealth
upon the certificate of the judge of probate and insolvency
for said county. '
Time of Section 2. This act shall take effect as of the first day
of April in the year nineteen hundred and sixteen.
Approved April I4, 1916.
General Acts, 1916. — Chaps. 126, 127. 101
An Act relative to the compensation of state em- Chap. 126
PLOYEES WHILE SERVING IN THE MILITIA.
Be it enacted, etc., as follows:
Any person in the service of the commonwealth shall be Compensation
entitled, durino; the time of his service in the organized pioyeeswwlo
militia under the provisions of sections one hundred and nJiitw! "* ^^^
forty-one, one hundred and forty-two, one hundred and fifty-
one, one hundred and fifty-two and one hundred and sixty
of chapter six hundred and four of the acts of the year
nineteen hundred and eight, and acts in amendment thereof
and in addition thereto, to receive pay therefor, without loss
of his ordinary remuneration as an employee or official of
the commonwealth, and shall also be entitled to the same
leaves of absence or vacation with pay given to other like
employees or officials. Approved April 14, 1916.
An Act to authorize the transfer to the federal (Jjiaj) 127
VOLUNTEER MILITARY OR NAVAL FORCE OF ANY OR ALL
UNITS OF THE STATE VOLUNTEER MILITIA.
Be it enacted, etc., as follows:
Section 1. The governor, with the advice and consent Transfer to
of the council, is hereby authorized and empowered to volunteer
,p 1] "x" Ij-x xir militia or naval
transier any or all organizations, departments or stafi corps force of units of
of the Massachusetts volunteer militia to such United miutir*"''*^^'^
States volunteer military or naval force, other than the
regular army or navy, as the congress of the United States
may at any time authorize. Commission or enlistment in
such United States force shall entitle officers and men to an
honorable discharge from the Massachusetts volunteer
militia: provided, that no organization shall be transferred Provisos.
by the governor to such United States force if a majority
of the officers and enlisted men of the organization shall by
vote reject such proposed transfer within thirty days after
notice to the commanding officer of the organization by the
governor of his proposal to transfer the organization; pro-
vided, further, that nothing in this act shall be construed to
affect the right of any officer to be retired under the pro-
visions of chapter six hundred and four of the acts of the
year nineteen hundred and eight, and amendments thereof,
and provided, further, that any ofl[icer or enlisted man of any
organization that has been transferred to such United States
102
General Acts, 1916. — Chaps. 128, 129.
State property
may be used.
Proviso.
force, who does not elect to enter the said force, shall be
entitled to receive an honorable discharge from the Massa-
chusetts volunteer militia when not in contravention of any
law of the United States.
Section 2, The governor, with the advice and consent
of the council, may lease to, or permit to be used by, any
United States volunteer military or naval force, organized
under the laws of the United States, any military or naval
property belonging to the commonwealth, upon such terms
and conditions as will fully protect the commonwealth
against expense: provided, however, that this act shall not
apply to land or buildings not now owned by the common-
wealth and used for said purposes.
Approved April 17, WW.
Chap. 12S An Act to exempt annual sewer charges from the
ACT relative to THE PLACING OF SPECIAL ASSESSMENTS
ON TAX BILLS.
Be it enacted, etc., as follows:
Section 1. The provisions of chapter seventy-five of
the acts of the year nineteen hundred and eleven shall not
apply to annual charges for the use of common sewers
established by cities and towns under the provisions of
section six of chapter forty-nine of the Revised Laws.
Section 2. This act shall take effect upon its passage.
Approved April 18, WW.
Annual sewer
charges
exempt from
act relative to
placing special
assessments on
tax bills.
Powers of trust
companies
extended.
(7/iap.l29 An Act to extend the powers of trust companies.
Be it enacted, etc., as follows:
Section 1. Any trust company incorporated under the
laws of this commonwealth shall have power, subject to such
restrictions as may be imposed by the bank commissioner, to
accept for payment at a future date drafts and bills of
exchange drawn upon it, and to issue letters of credit au-
thorizing holders thereof to draw drafts upon it, or its
correspondents, at sight or on time: provided, that such
acceptances or drafts be based upon actual values, but no
trust company shall accept such bills or drafts to an aggre-
gate amount exceeding at any one time one half of its paid
up capital and surplus, except with the approval of the
bank commissioner, and in no case to an aggregate amount
in excess of its capital and surplus.
Proviso.
General Acts, 1916. — Chaps. 130, 131. 103
Section 2. Chapter one hundred and sixteen of the R l iie, § 34.
Revised Laws is hereby amended by striking out section ''"^''"
thirty-four and inserting in place thereof the following: —
Section 34- The total liabilities of a person, other than Total liabilities,
cities or towns, including in the liabilities of a firm the lia- ■*'"°"''
bilities of its several members, for money borrowed from
and drafts drawn on any such corporation having a capital
stock of five hundred thousand dollars or more shall at no
time exceed one fifth part of the surplus account and of
such amount of the capital stock of such corporation as is
actually paid up. Such total liabilities to any such corpora-
tion having a capital stock of less than five hundred thou-
sand dollars shall at no time exceed one fifth of such amount
of the capital stock of the corporation as is actually paid
up; but the discount of bills of exchange drawn in good
faith against actually existing values, and the discount of
commercial or business paper actually owned by the person
negotiating it, shall not be considered as money borrowed.
Section 3. This act shall take effect upon its passage.
Ap])roved April 18, 1916.
An Act relative to the verification of the list to be (7/,^^ j^qq
filed with assessors of taxes.
Be it enacted, etc., as follows:
Section 1. Section forty-three of Part I of chapter four 1909,490,
hundred and ninety of the acts of the year nineteen hundred rmended!'*
and nine is hereby amended by striking out all after the
word "clerk", in the fourth line, and inserting in place
thereof the words: — -or by any notary public or justice of
the peace in this commonwealth, — so as to read as fol-
lows: — Section 43. The assessors shall in all cases require Verification of
a person, firm or corporation bringing in a list to make Sld'wit*h ^'^
oath that it is true. The oath may be administered by ^^^l^
any of the assessors or by their secretary or head clerk, or
by any notary public or justice of the peace in this com-
monwealth.
Section 2. This act shall take effect upon its passage.
Ap-proved April 18, 1916.
An Act relative to the bonds of collectors of taxes. (JJkij) \^\
Be it enacted, etc., as follows:
Section 1 . Section seventy-seven of chapter twenty-five R. l. 25, § 77,
of the Revised Laws is hereby amended by adding at the '*™''"'^*''^-
104
General Acts, 1916. — Chap. 132.
Tax commis-
sioner to
approve bond
of collector
of taxes.
1910, 272, § 2,
amended.
Tax commis-
sioner to
approve bond
of special
collector.
end thereof the sentence : — The form of the bond shall be
approved by the tax commissioner, — so as to read as
follows: — Section 77. The collector of taxes shall give
bond to the town for the faithful performance of his duties,
in a sum and with sureties approved by the selectmen. The
form of the bond shall be approved by the tax commissioner.
Section 2. Section two of chapter two hundred and
seventy-two of the acts of the year nineteen hundred and
ten is hereby amended by adding at the end thereof the
following: — The form of the bond shall be approved by
the tax commissioner, — so as to read as follows : — Section
2. The said special collector shall furnish a satisfactory
bond for the faithful performance of his duties, in such sum
as the selectmen may require. The form of the bond shall
be approved by the tax commissioner.
Section 3. This act shall take effect upon its passage.
Aiypromd xipril 18, 1916.
County
commissioners
of Essex
county to
reconstruct the
Essex bridge
over Danvers
river, etc.
C/iap. 132 An Act authorizing and directing the county commis-
sioners OF the county of ESSEX TO RECONSTRUCT THE
ESSEX BRIDGE OVER DANVERS RIVER BETWEEN THE CITIES
OF SALEM AND BEVERLY.
Be it enacted, etc., as follows:
Section 1. The county commissioners of the county of
Essex, subject to the provisions of chapter ninety-six of the
Revised Laws and amendments thereof and additions
thereto, and all other laws which may be applicable, are
hereby authorized and directed, within two years after the
passage of this act, to reconstruct the Essex bridge, so-
called, over Danvers river between the city of Salem and
the city of Beverly. The bridge as reconstructed shall
have a suitable permanent pavement, and granolithic side-
walk, and shall be a pile structure, with wooden floor properly
waterproofed, except such parts thereof as are solidly
filled, substantially as shown on a plan on file with the
board of harbor and land commissioners, except that on the
westerly side thereof, the bridge shall be ten feet wider
than as shown on said plan, for its full length, except at the
draw.
Section 2. The expense incurred under this act shall be
paid in the first instance from the treasury of the county of
Essex. The Bay State Street Railway Company shall pay
into the treasury of the said county, as its part of the ex-
Payment of
expense.
General Acts, 191G. — Chap. 132. 105
pense of reconstructing the said bridge a sum equal to Bay state
ten per cent of the expense of reconstructing the bridge Company tT^
substantially in accordance with the plan on file with the expe^e!"*
harbor and land commissioners; and further, the said rail-
way company shall pay into the treasury of the said county
fifty per cent of the cost and expense of widening the said
bridge ten feet in excess of the width as shown on said plan.
If the said company pays into the treasury of the said ioca[-on ^
county its part of the cost and expense of such reconstruc- said company
tion and widening, and shall enter into an agreement with
the said county commissioners to keep that part of the
roadway on the bridge between its tracks, and eighteen
inches on either side thereof, in repair and safe for public
travel, the said company shall thereupon have, and is hereby
granted, subject to such terms and conditions as the county
commissioners may impose, a location upon said bridge for
the construction of two lines of track, except on the draw,
and for the maintenance of its tracks, poles and wires, and
the operation of its railway thereon. The location so granted Revocation.
shall not be revoked except by the county commissioners of
the county of Essex, after public notice and a hearing, and
no such revocation shall be valid until approved by the
public service commission.
Section 3. The expense incurred under this act shall ^*°-
not exceed the sum of two hundred thousand dollars, and
the said commissioners are hereby authorized to borrow on
the credit of the county such sums, not exceeding the said
amount, as may from time to time be required for the cost
and expense aforesaid. All amounts so borrowed shall be
deposited in the county treasury, and the treasurer of the
county shall pay out the same as ordered by the county
commissioners, and shall keep a separate and accurate ac-
count of all moneys, borrowed and expended under the
provisions of this act, including interest.
Section 4. The county of Essex shall, after the assess- Apportionment
ment upon the Bay State Street Railway Company of the °^ ''°^'"
amount herein required to be paid by said company, pay
forty per cent of the remaining cost of reconstruction and
widening and the city of Salem shall pay thirty-five per
cent and the city of Beverly twenty-five per cent. The pay-
ments apportioned and assessed as aforesaid, shall be made
in three annual instalments, and for that purpose the said
commissioners shall file from time to time as may be neces-
sary, in the office of the clerk of courts for the county, a
106 General Acts, 1916. — Chap. 133.
meSorcost. detailed statement, certified under their hands, of the actual
cost of the reconstruction and widening to date; and they
shall, in the month of June, after such notice as they may
deem proper, and a hearing, apportion and assess, upon the
Bay State Street Railway Company and the cities of Salem
and Beverly, the sums that the said company and the said
cities are required to pay under the provisions of this act;
and the said company and each of the said cities shall pay
the same, respectively, into the treasury of the county
within sixty days thereafter; and if the said company
and the said cities, or any of them, shall refuse or neglect to
pay their proportion, as aforesaid, the commissioners shall,
after notice to the delinquent company or city, as the case
may be, issue a warrant against such delinquent company
or city, for its proportion, with interest and the costs of
the notice and warrant, and the same shall be collected and
paid into the treasury of the county, to be applied in pay-
ment of the expense aforesaid.
i^ndi!TJcording SECTION 5. Tlic Said county commissioners are hereby
etc^''^^"''*^'°"' authorized to take or purchase such lands, rights or ease-
ments as may be required to carry out the purposes of this
act; but in order to acquire land or rights in land, otherwise
than by purchase, they shall first record in the registry
of deeds for the southern district of the county of Essex a
statement containing a description of the lands or rights
taken or affected sufficiently specific for identification, and
Damages. shall file a plan of the same in said registry. They shall
estimate the damages to property, if any, sustained by any
person by such taking of land, rights or easements, or by the
reconstruction of said bridge as aforesaid, and any person
aggrieved thereby may proceed, within one year after the
filing of said statement, in the same manner as in the case
of land taken for the laying out of highways, but in no
event shall interest be recovered against the county for
more than four per cent per annum.
Section 6. This act shall take effect upon its passage.
Approved April 18, 1916.
ChapAS3 An Act to authorize the appointment of a court
OFFICER OF THE SUPERIOR COURT FOR THE COUNTY OF
MIDDLESEX TO ACT AS CHIEF DEPUTY SHERIFF.
Be it enacted, etc., as fullows:
MiddLfx The sherift* of the county of Middlesex may appoint one
county may gf ^j^g court officcrs of the supcrior court to act as chief
General Acts, 191G. — Chaps. 134, 135. 107
deputy sheriff for attendance on the superior court of said deputy^heriir.
county. Such officer, under the orders of the sheriff, and
in addition to his re^uhir duties as a court officer, shall
supervise, direct and assign the officers of the said court.
He shall hold his office subject to the provisions of chapter
one hundred and thirty-four of the acts of the year nineteen
hundred and twelve. Appruved April 18, 1016.
An Act relati\t: to inspectors and collectors of milk. CJiaj) 134
Be it enacted, etc., as JolJuws:
Inspectors of milk and collectors of milk samples shall Jnfik''reiu'iated.
have authority to take samples from milk, intended for sale
in their respective cities and towns, wherever, within the
commonwealth, such milk is produced, stored or trans-
ported, but this act shall not be construed to permit of any
interference by such inspectors or collectors with milk in
the course of interstate commerce.
Approved April 18, 1916.
An Act relative to the contracts of insurance of Qjidjy 135
LIFE insurance COMPANIES.
Be it enacted, etc., as follows:
Section thirty-four of chapter five hundred and seventy- 1907, 576, § 34,
six of the acts of the year nineteen hundred and seven, as '^t^., amended.
amended by chapter eighty-one of the acts of the year nine-
teen hundred and eight, by chapter four hundred and eighty-
eight of the acts of the year nineteen hundred and nine, by
section two of chapter four hundred and ninety-nine of the
acts of the year nineteen hundred and ten, by chapter two
hundred and five of the acts of the year nineteen hundred
and eleven, by chapter five hundred and twentj'-four of the
acts of the year nineteen hundred and twelve, and by chap-
ter four hundred and eighty-nine of the acts of the year
nineteen hundred and thirteen, is hereby further amended
by inserting after the word "insured", in the thirteenth
line, of the paragraph beginning with the words "Con-
tracts of insurance" the words: — or either of them, —
and by adding at the end of the said paragraph the words:
— and any such company may provide for the payment of
a larger sum if death is caused by accident than if it results
from other causes, provided that the sum thus payable in
event of such death by accident shall not exceed, on any
one life, three per cent of the company's aggregate expected
108
General Acts, 1916. — Chap. 136.
Contracts of
insurance of
life insurance
companies.
mortality as shown by its last annual statement to the in-
surance department of the commonwealth. The considera-
tion for such special benefit shall be separately stated in the
policy, — so that the paragraph as amended will read as
follows : — Contracts of insurance for each of the classes
specified in section thirty-two shall be in separate and
distinct policies notwithstanding any provision of this act
which permits a company to transact more than one of said
classes of insurance; except that any domestic life insurance
company, notwithstanding any limitations of its charter to
the contrary, and any foreign life insurance company au-
thorized to transact business in this commonwealth, if it
is permitted so to do by its charter or by the state in which
it is incorporated, whether or not it has a capital stock,
may incorporate in its policies of insurance provisions for
the waiver of premiums or for the granting of special sur-
render values therefor in the event that the insured, or
either of them, thereunder shall from any cause become
totally and permanently disabled, which provisions shall
state the special benefits to be granted thereunder and the
cost of such concessions to the insured, and shall define in
such policies what shall constitute total and permanent dis-
speciai benefit, ability, and any such company may provide for the pay-
ment of a larger sum if death is caused by accident than
if it results from other causes, provided that the sum thus
payable in the event of such death by accident shall not
exceed, on any one life, three per cent of the company's
aggregate expected mortality as shown by its last annual
statement to the* insurance department of the common-
wealth. The consideration for such special benefit shall be
separately stated in the policy. Ajjproved April 18, 1916.
C/iap. 136 An Act to authorize the state forest commission to
TAKE LAND AND TO SELL OR EXCHANGE UNSUITABLE
LAND.
Be it enacted, etc., as follows:
Section two of chapter seven hundred and twenty of the
acts of the year nineteen hundred and fourteen is hereby
amended by striking out the said section and inserting in
place thereof the following : — Section 2. The commission
shall have power to acquire for the commonwealth by
purchase or otherwise, and hold any woodland or land
suitable for timber cultivation within the commonwealth.
1914, 720, § 2,
amended.
State forest
commission
may take land
and sell or
exchange un-
suitable land.
General Acts, 1916. — Chap. 137. 109
The commission shall have power to take such lands in fee
with the approval of the governor and council. The com-
mission may, after a public hearing, sell or exchange any
land thus acquired which in the judgment of the commission
can no longer be used advantageously for the purposes of
this act. The average cost of land purchased by the com-
mission shall not exceed five dollars an acre. The commis- Commission
sion shall have the same powers in acquiring land under this tain'^powersin
act which are given to the metropolitan park commission ufnd.'etcf
established by chapter four hundred and seven of the acts
of the year eighteen hundred and ninety-three, and acts
amendatorj^ thereof, and any person aggrieved by a de-
termination of damages made by the commission may have
the same assessed by a jury of the superior court in the
manner and subject to the limitations specified in said
chapter four hundred and seven, as amended.
/{■pyroved Ayril 18, 1916.
An Act relative to the authority of the public (Jfmj) 137
SERVICE COMMISSION IN RESPECT TO SWITCH CONNECTIONS
AND INTERCHANGE TRACKS OF RAILROAD CORPORATIONS
AND STREET RAILWAY COMPANIES.
Be it enacted, etc., as follows:
Section 1 . Section twenty-five of chapter seven hundred ^n'^'n^ed ^ ^^'
and eighty-four of the acts of the year nineteen hundred and
thirteen is hereby amended by inserting after the word
"designate", in the fifteenth line, the words: — and, in case
the board of aldermen of a city or the selectmen of a town
act adversely upon, or fail to act within sixty days from
the date of, the filing of a petition brought by a street rail-
way company in accordance with the provisions of section
sixty-four of Part III of chapter four hundred and sixty-
three of the acts of the ,year nineteen hundred and six, for
a location of tracks in such city or town upon which the
petitioning company may construct the switch connection
or interchange track necessary to the establishment of such
through routes or transportation, or to the operation of
such cars or other equipment, the petitioner or any interested
party may, within sixty days thereafter, file such petition
with the public service commission which may, if after notice
and a public hearing it is of the opinion that public con-
venience and necessity so require, grant locations upon
which the grantee company may construct the switch
no
General Acts, 1916. — Chap 137.
Public service
commission
may establish
through routes,
joint rates, etc.
for passengers
or freight.
Switch con-
nections and
interchange
tracks of
railroads and
street railways.
connection or interchange track necessary to the establish-
ment of such through routes or transportation, or to the
operation of such cars or other equipment, — by inserting
after the word "such", in the sixteenth Hue, the words: —
railroad or railway, — by inserting after the word " com-
panies", in the twenty-second line, the word: — and, — by
striking out all after the word "operated", in the twenty-
fourth line, down to and including the word "equipment",
in the twenty-eighth line, and by inserting after the word
^'them", in the thirty-second line, the words: — and 'pro-
vided, further, that in case of a petition for the establishment
of such through routes and transportation by railway com-
panies, or for locations for the construction of the switch
connection or interchange track necessary to the establish-
ment of such through routes and transportation by railway
companies, the commission shall give fourteen days' notice
of any public hearing held by it under the foregoing pro-
visions of this section, to the petitioners, to the companies
affected and to the board of aldermen of the city or the
selectmen of the town within which the lines of said com-
panies connect or within which a connection between the
lines of said companies is proposed to be made, — so as to
read as follows: — -Section 25. Wherever there is no satis-
factory through route for the transportation of passengers
or freight at a reasonable rate the commission shall have
power by order, after notice and a public hearing had upon
complaint, to require any two or more railroad or railway
companies whose lines, owned, operated, leased, or con-
trolled by stock ownership, or otherwise, form a continuous
or connecting line of transportation, or could be made to do
so by the construction and maintenance of switch connection
or interchange track at connecting points, or by transfer
of property or passengers at connecting points, to establish
through routes and joint rates, fares and charges for the
transportation of passengers and property, and for the
operation of the cars and other equipment for such trans-
portation, within the commonwealth, as the commission
may by its order designate; and, in case the board of alder-
men of a city or the selectmen of a town act adversely upon,
or fail to act within sixty days from the date of, the filing of
a petition brought by a street railway company in accordance
with the provisions of section sixty-four of Part III of chapter
four hundred and sixty-three of the acts of the year nineteen
hundred and six, for a location of tracks in such city or town
General Acts, 1916. — Chap. 137. Ill
upon which the petitioning company may construct the
switch connection or interchange track necessary to the
estabHshment of such through routes or transportation, or
to the operation of such cars or other equipment, the pe-
titioner or any interested party may, within sixty daj's
thereafter, file such petition with the pubHc service com-
mission which may, if after notice and a public hearing it is
of the opinion that public convenience and necessity so
require, grant locations upon which the grantee company
may construct the switch connection or interchange track
necessary to the establishment of such through routes or
transportation, or to the operation of such cars or other
equipment; and, in case such railroad or railway companies
cannot agree as to the division of rates or the conditions
under which such through routes or transportation shall be
established or such cars or other equipment operated, the
commission shall have power, after due hearing, to determine
and prescribe the proportionate portions of such through
rates payable to each of such companies, and, the conditions
under which such through routes or transportation shall be
established or such cars or other equipment operated: 'pro- Provisos.
vided, however, that a railroad or railway company shall have
control of and responsibility for the management and opera-
tion of all trains or cars while they are upon its railroad or
railway as fully as if it owned them; and provided, further,
that in case of a petition for the establishment of such
through routes and transportation by railway companies,
or for locations for the construction of the switch connection
or interchange track necessary to the establishment of such
through routes and transportation by railway companies,
the commission shall give fourteen days' notice of any public
hearing held by it under the foregoing provisions of this
section, to the petitioners, to the companies affected and
to the board of aldermen of the city or the selectmen of the
town within which the lines of said companies connect or
within which a connection between the lines of said com-
panies is proposed to be made. The commission may, upon Switch
reasonable terms and conditions, require and order any rail- fr°e'ighfin" ^°'
road or railway company which carries freight in carload ''^^^°^'^ ^°^^-
lots to establish and maintain for the purpose of receiving
or delivering freight in carload lots, a switch connection with
any private side track constructed on land adjoining the
location of any such railroad or railway, if the commission
is of opinion that such connection is reasonable and practi-
112
General Acts, 1916. — ■ Chap. 138.
cable, can be put in and used with safety, and will furnish
sufficient business to justify its construction and mainte-
nance, and the commission may grant to any railway com-
pany the necessary locations in public ways and places for
any switch connection ordered by the commission to be
constructed by such railway company.
Section 2. This act shall take effect upon its passage.
Approved April 20, 1916.
1914, 795, § 3,
amended.
C/iap. 138 An Act to authorize certain municipal officers to
PREVENT THE GRANTING OF CERTAIN LICENSES BY THE
FIRE PREVENTION COMMISSIONER.
Be it enacted, etc., as follows:
Section three of chapter seven hundred and ninety-five of
the acts of the year nineteen hundred and fourteen is hereby
amended by adding at the end thereof the following: —
provided, however, that the mayor and city council of a city or
the board of selectmen of a town may disapprove the grant-
ing of such a license or permit, and upon such disapproval
the permit or license shall be refused, — so as to read as
follows: — Section 3. All existing powers, in whatever
officers, councils, bodies, boards or persons, other than the
general court and the judicial courts of the commonwealth,
they may be vested, to license persons or premises, or to
grant permits for or to inspect or regulate or restrain the
keeping, storage, use, manufacture, sale, handling, trans-
portation or other disposition of gunpowder, dynamite,
nitroglycerine, camphine or any similar fluids or compounds,
crude petroleum or any of its products, or any explosive or
inflammable fluids or compounds, tablets, torpedoes, rockets,
toy pistols, fireworks, firecrackers, or any other explosives,
and the use of engines and furnaces described in section
seventy-three of chapter one hundred and two of the Re-
vised Laws, are hereby transferred to and vested in the
commissioner: provided, however, that the mayor and city
council of a city or the board of selectmen of a town may dis-
approve the granting of such a license or permit, and upon
such disapproval the permit or license shall be refused.
Approved April 20, 1916.
Certain
municipal
ofiScers may
prevent grant-
ing of certain
lieensos by the
fire prevention
commissioner.
Proviso.
General Acts, 1916. — Chaps. 139, 140. 113
An Act relative to the slaughtering of neat cattle, Chap.139
SHEEP OR swine NOT INTENDED FOR SALE.
Be it enacted, etc., as follows:
Section one hundred and five of chapter seventy-five of |^c.!'amenVed^.'
the Revised Laws, as amended by section two of chapter
three hundred and twelve of the acts of the year nineteen
hundred and two, by section two of chapter two hundred and
twenty of the acts of the year nineteen hundred and three,
by section six of chapter three hundred and twenty-nine of
the acts of the year nineteen hundred and eight, and by
section two of chapter two hundred and forty-eight of the
acts of the year nineteen hundred and twelve, is hereby
further amended by inserting after the word "animals",
in the fifth line, the words: — • intended for sale, — so as to
read as follows: — Section 105. The provisions of the six slaughtering
preceding sections shall not apply to a person not engaged sheep or swine
1 , . 1 1 . ' • 1 J. • not intended
m such busmess, who, upon his own premises and not in a for sale,
slaughter house, slaughters his own neat cattle, sheep or
swine, but the carcass of any such animals, intended for
sale, shall be inspected, and, unless condemned, shall be
stamped or branded according to the provisions of section
one hundred and three of chapter seventy-five of the Revised
Laws, as set forth in chapter two hundred and twenty of
the acts of the year nineteen hundred and three, and as
amended by chapter four hundred and seventy-one of the
acts of the year nineteen hundred and nine and by section
five of chapter two hundred and ninety-seven of the acts of
the year nineteen hundred and eleven, by an inspector at
the time of slaughter. Ayyvoved A'pril 20, 1916.
An Act to establish the fee for the renewal of
licenses of operators of motor vehicles.
Be it enacted, etc., as follows:
Section twenty-nine of chapter five hundred and thirty- \m, 534. §^29,
four of the acts of the year nineteen hundred and nine, as
amended by section one of chapter six hundred and ninety-
five of the acts of the year nineteen hundred and fourteen,
is hereby further amended by striking out the words "fifty
cents", in the second line of the fifteenth paragraph, and in-
serting in place thereof the words: — one dollar, — so that
Chap.UO
etc., amended.
114
General Acts, 1916. — Chaps. 141, 142.
Fee established Said paragraph will read as follows: — For every renewal of
hcenses of ° any Operator's or chauffeur's license to operate automobiles,
rtor vlhides. one dolkr.
Approved April 20, 1916.
Disposal of
certain records
and accounts
of the state
board of
agriculture.
C/iap.141 An Act relative to the disposal of certain records
AND accounts OF THE STATE BOARD OF AGRICULTURE.
Be it enacted, etc., as follows:
Section 1. The records and a*ccounts formerly kept by
the state board of agriculture under the provisions of section
four of chapter two hundred and ten of the acts of the year
eighteen hundred and ninety-one, which chapter was re-
pealed by section ten of chapter three hundred and eighty-
one of the acts of the year nineteen hundred and five, may
be destroyed or otherwise disposed of by order of their
lawful custodian, and any proceeds received in the course
of their disposal shall be paid into the treasury of the com-
monwealth.
Section 2. This act shall take effect upon its passage.
Approved April 24, 1916.
Disposition of
returns made
to the bank
commissioner.
Chap. 142 An Act relative to the disposition of returns made
TO THE BANK COMMISSIONER.
Be it enacted, etc., as follows: ,
Section 1. Returns from corporations made to the bank
commissioner under the provisions of section thirty-six of
chapter one hundred and sixteen of the Revised Laws and
amendments thereof, records of examinations of banks made
under the provisions of section five of chapter five hundred
and ninety of the acts of the year nineteen hundred and
eight, reports made under the provisions of section thirty-
seven of chapter five hundred and ninety of the acts of the
year nineteen hundred and eight, and returns made under
the provisions of section thirty-eight of chapter six hundred
and twenty-three of the acts of the year nineteen hundred
and twelve, may, after the lapse of five years from the date
of their receipt, be destroyed or disposed of by order of
their lawful custodian, and any proceeds received in the
course of their disposal shall be paid into the treasury of
the commonwealth.
Section 2. This act shall take effect upon its passage.
Approved April 24, 1916.
General Acts, 1916. — Chaps. 143, 144. 115
An Act relative to the enforcement of the act to Chap. 143
REGULATE THE PROCURING OF PERSONS TO TAKE THE
PLACE OF EMPLOYEES DURING STRIKES, LOCKOUTS OR
OTHER LABOR DISPUTES.
Be it enacted, etc., as folloivs:
Section 1. Section four of chapter three hundred and ete!'amendtd.
forty-seven of the acts of the year nineteen hundred and
fourteen, as amended by section one of chapter one hundred
and eight of the General Acts of the year nineteen hundred
and fifteen, is hereby further amended by striking out the
words "conciliation and arbitration", in the fourth and
fifth lines, and inserting in place thereof the words: — labor
and industries, — so as to read as follows: — Section /.Enforcement
' . . . . , . '^ of act to regu-
Any person, nrm, association or corporation violating any late procuring
provision of this act shall, upon complaint of and after take the places
investigation by the state board of labor and industries, be du^ISf "trikL,
punished by a fine not exceeding one hundred dollars for ^*'''
each offence.
Section 2. This act shall take effect upon its passage.
Approved April 24, 1916.
An Act relative to certain exemptions from taxation. ChapA4i4:
Be it enacted, etc., as follows:
Section 1 . Section five of Part I of chapter four hun- woa, 490.
dred and ninety of the acts of the year nineteen hundred and amended. '
nine is hereby amended by striking out the ninth clause and
inserting in place thereof the following: — Ninth, The Property of
property, to the amount of five hundred dollars, of a widow, aged persMs ^^'
of an unmarried woman above the age of twenty-one years, exem'^urom
of a person above the age of seventy-five years or of any taxation,
minor whose father is deceased, who are legal residents of
the commonwealth, whether such property be owned by
such persons separately, or jointly, or as tenants in common:
provided, that the whole estate, real and personal, of such Proviso,
person does not exceed in value the sum of one thousand
dollars, exclusive of property otherwise exempted under the
provisions of this section and exclusive of the value of the
mortgage interest held by persons other than the person
to be exempted in such mortgaged real estate as may be
included in such whole estate; but if the whole estate, in-
cluding the value of such mortgage interest, exceeds the
116
General Acts, 1916. — Chap. 144.
Proportional
exemption.
1909, 490,
Part I, § 5,
amended.
Property of
soldiers and
sailors.
Provisos.
sum of five hundred dollars, the amount so exempted shall
not be less than five hundred dollars. If the property of a
person entitled to such exemption is taxable in more than
one city or town, or partly without the commonwealth, only
such proportion of the five hundred dollars exemption shall
be made in any city or town as the value of the property
taxable in such city or town bears to the whole of the taxable
property of such person. No property shall be so exempt
which the assessors shall adjudge has been conveyed to
such persons to evade taxation. A person aggrieved by any
such judgment may appeal to the county commissioners
within the time and in the manner allowed by the provisions
of section seventy-six.
Section 2. Said section five is hereby further amended
by striking out the thirteenth clause and inserting in place
thereof the following : — Thirteenth, The property of the
following classes of persons who are legal residents of this
commonwealth to the amount of two thousand dollars in
the case of each person: provided, that only two thousand
dollars of the combined estate of any veteran and his wife
shall be exempted; and provided, jurther, that the whole
estate, real and personal, of the person so exempted or the
combined property of a veteran and his wife does not ex-
ceed five thousand dollars, exclusive of the value of the
mortgage interest held by persons other than the person to
be exempted in such mortgaged real estate as may be in-
cluded in said whole estate or combined property; but
if said whole estate or combined property, including the
value of such mortgage interest, exceeds the sum of two
thousand dollars, the amount so exempted shall not be less
than two thousand dollars: First, Soldiers and sailors, who
served in the military or naval service of the United States
in the war of the rebellion and who were honorably dis-
charged therefrom, and who, by reason of injury received
or disease contracted while in such service and in the line
of duty, lost the sight of both eyes, or lost the sight of one
eye, the sight of the other having been previously lost, or
who lost one or both feet, or one or both hands. Second,
Soldiers and sailors who served as aforesaid and were honor-
ably discharged as aforesaid, and who, as the result of dis-
abilities contracted while in such service and in the line
of duty, have become permanently incapacitated for the
performance of manual labor to an extent equivalent, in the
judgment of the assessors, to the loss of a hand or foot.
General Acts, 191G. — Chap. 144. 117
Third, Wives or widows of soldiers or sailors who would be Proportional
entitled to exemption under either of the two preceding ^''^"p*''^'^-
paragraphs. If the property of a person entitled to such
exemption is taxable in more than one city or town, or
partly without the commonwealth, only such proportion
of the two thousand dollars exemption shall be made in any
city or town as the value of the property taxable in such
city or town bears to the whole of the taxable property of
such person. The certificate of the granting of a pension
by the United States to a soldier or sailor for an injury or
disability shall, while the pension continues, be sufficient
evidence of the receiving of the injury or disability; but the
assessors may receive other evidence thereof. A person
aggrieved by the judgment of the assessors may appeal to
the county commissioners within the time and in the manner
allowed by the provisions of section seventy-six.
Section 3. The fourteenth clause of said section five, as i909, 490,
amended by chapter three hundred and thirty-three of the Ita! amended.
acts of the year nineteen hundred and ten, is hereby further
amended by striking out said clause and inserting in place
thereof the following: — Fourteenth, Soldiers and sailors Exemption
who served in the military or naval service of the United ofTrtufn*'°°
States in the war of the rebellion, and who were honorably veterans, etc.
discharged therefrom shall be assessed for, but shall be
exempt, at their request, from the payment of a poll tax,
and the property of soldiers and sailors who served as afore-
said and were honorably discharged as aforesaid, but who
would not be entitled to exemption under the preceding
clause, and the property of the wives or widows of such
soldiers or sailors, shall be exempted from taxation to the
amount of one thousand dollars in the case of each person:
provided, that the combined estate, real and personal, of Provisos.
the person so exempted and of the husband or wife of such
person does not exceed in value the sum of five thousand
dollars, exclusive of the value of the mortgage interest, held
by persons other than the person to be exempted in such
mortgaged real estate as may be included in said combined
estate; but if the combined estate, including the value of
such mortgage interest, exceeds the sum of one thousand
dollars, the amount so exempted shall not be less than one
thousand dollars; and provided, further, that the combined
exemption of such a soldier or sailor and his wife shall not
exceed one thousand dollars. If the property of a person
entitled to such exemption is taxable in more than one city
118
General Acts, 1916. — Chap. 145.
Proportional
exemption.
or town, or partly without the commonwealth, only such
proportion of the one thousand dollars exemption shall
be made in any city or town as the value of the property
taxable in such city or town bears to the whole of the taxable
property of such person. The widows of soldiers and
sailors who served as aforesaid and who lost their lives in the
war of the rebellion shall be entitled to exemption as speci-
fied in the preceding clause. No exemption shall be made
under the provisions of this clause of the property of a
person who is not a legal resident of this commonwealth.
Section 4. This act shall take effect upon its passage.
Approved April 24, 1916.
Disposition
of certain
application^
and reports
made to the
district police.
C/iap. 145 An Act relative to certain applications and reports
MADE TO THE DISTRICT POLICE.
Be it enacted, etc., as follows:
Section 1. Applications to the chief of the district police
for his approval of entertainments proposed to be given
on the Lord's day, under the provisions of chapter ninety-
eight of the Revised Laws and amendments thereof, re-
ports and records kept under the provisions of sections
forty-eight, sixty-two and one hundred and forty-four of
chapter five hundred and fourteen of the acts of the year
nineteen hundred and nine, which sections were repealed by
section five of chapter seven hundred and twenty-six of the
acts of the year nineteen hundred and twelve, inspection
reports of theatres and halls, made under the provisions of
section thirty-four of chapter six hinidred and fift}'-five of
the acts of the year nineteen hundred and thirteen, and
applications filed for permits for the special exliibition of
pictures, under the provisions of section twelve of chapter
seven hundred and ninety-one of the acts of the year nine-
teen hundred and fourteen, may be destroyed or disposed
of by order of the said chief after the lapse of two years
from the date of their receipt, and any proceeds received in
the course of their disposal shall be paid into the treasury
of the commonwealth.
Section 2. This act shall take effect upon its passage.
Approved April 24, 1916.
General Acts, 1916. — Chap. 146. 119
An Act relative to the sale of certain articles of nhnr) 146
FOOD AND DRINK ON THE LORD's DAY.
Be it enacted, etc., as follows:
Section 1 . Section three of chapter ninety-eight of the r. l. as, § 3,
Revised Laws, as amended by chapter four hundred and ^^'^ ' ^""'" '^ "
fourteen of the acts of the year nineteen hundred and two,
by chapters one hundred and twenty-six and two hundred
and seventy-three of the acts of the year nineteen hundred
and eight, by chapter three hundred and twenty-eight of the
acts of the year nineteen hundred and eleven, and by chapter
seven hundred and fifty-seven of the acts of the year nine-
teen hundred and fourteen, is hereby further amended by
inserting after the word "day", in the sixteenth Hue, the
words: — nor the sale by licensed innholders and common
victuallers of meals cooked on the premises, such as are
usually served by them, not to be consumed on the premises :
•protided that such meals shall not consist in whole or in part
of intoxicating liquors, — so as to read as follows: — Section certain business
3. The provisions of the preceding section shall not be oaUw"LOTirs'^
held to prohibit the manufacture and distribution of steam, ^'"^^^
gas or electricity for illuminating purposes, heat or motive
power, nor the distribution of water for fire or domestic
purposes, nor the use of the telegraph or the telephone,
nor the retail sale of drugs and medicines, nor articles ordered
by the prescription of a physician or mechanical appliances
used by physicians or surgeons, nor the retail sale of tobacco
in any of its forms by licensed innholders, common victuallers,
druggists and newsdealers whose stores are open for the sale
of newspapers every day in the week, nor the retail sale
of ice cream, soda water and confectionery by licensed inn-
holders and druggists, and by such licensed common victual-
lers as are not also licensed to sell intoxicating liquors and
who are authorized to keep open their places of business on
the Lord's day, nor the sale by licensed innholders and
common victuallers of meals cooked on the premises, such
as are usually served by them, not to be consumed on the
premises: 'provided, that such meals shall not consist In Proviso,
whole or In part of intoxicating liquors, nor the operation
of motor vehicles, nor the letting of horses and carriages or
of yachts and boats, nor unpaid work on yachts and pleasure
boats, nor the running of steam ferry boats on established
routes, nor the running of street railway cars, nor the prep-
120 General Acts, 1916. — Chaps. 147, 148.
Certain business aration, priKtlng and publication of newspapers, nor the
on the Lord's Sale and delivery of newspapers, nor the wholesale or retail
^' sale and delivery of milk, nor the transportation of milk,
nor the making of butter and cheese, nor the keeping open
of public bath houses, nor the making or selling by bakers
or their employees, before ten o'clock in the morning and
between the hours of four o'clock and half past six o'clock
in the evening, of bread or other food usually dealt in by
them, nor the selling of kosher meat by any person who,
according to his religious belief, observes Saturday as the
Lord's day by closing his place of business during the day
until six o'clock in the evening; and such person may open
his place of business on the Lord's day for the sale of kosher
meat between the hours of six o'clock in the morning and
ten o'clock in the morning, nor the carrying on of the business
of bootblacks before eleven o'clock in the forenoon, nor the
digging of clams or the icing and dressing of fish.
Section 2. This act shall take effect upon its passage.
Ayinoved April 24, 1916.
Chap A47 An Act relative to the disposition of certain returns
MADE TO THE DEPARTMENT OF ANIMAL INDUSTRY.
Be it enacted, etc., as follows:
R. L 90 § 15, Section 1. Chapter ninety of the Revised Laws is
amended. iii-i- .^p i-
hereby amended by stnkmg out section mteen and msertmg
Disposition of in placc thcrcof the following: — Section 15. An inspector
mLdelothe'^''^ shall kccp a record of all inspections made by him and of
ofaninwr*' his doiugs therein, and shall make regular returns thereof
industry. ^^ ^j^g department, but such returns need not be retained
for more than two years, and may then be destroyed or dis-
posed of by their lawful custodian, and any proceeds received
in the course of their disposal shall be paid into the treasury
of the commonwealth. The department shall prescribe the
form in which and the times at which such records and
returns shall be made, and it may at any time inspect them
and make copies thereof.
SeiCTIon 2. This act shall take effect upon its passage.
Approved April 24, 1916.
Chap. 14:8 An Act relative to the dissolution of attachments.
Be it enacted, etc., as follows:
R- ^-^167, § 121, Section one hundred and twenty-one of chapter one
hundred and sixty-seven of the Revised Laws is hereby
General Acts, 1916. —Chap. 149. 121
amended by adding at the end thereof the following: —
Wlien successive attachments in favor of different plaintiffs Dissolution of
1 1 j_jiipij 1 attachments,
are made upon personal property the deiendant maj^ release how made.
from the attachments the property attached, or such portion
thereof as he may elect, by giving bond with sufficient
sureties to be approved as hereinbefore provided. The
sheriff of the county in which the first attachment was
made shall be the obligee on the bond, which shall be de-
posited immediately after it is given with the clerk of the
courts for the same coimty, except that in Suffolk county
it shall be deposited with the clerk of the superior court for
civil business. The bond shall be conditioned on the de-
fendant's paying to such sheriff within thirty days after
final judgment in any such' action or after the entry of a
special judgment in any such action under the provisions of
said chapter one hundred and seventy-seven, as the case
may be, the amount fixed as the value of the property so
released, and the amount so paid shall be held by the sheriff,
after deducting the necessary charges, subject to the attach-
ments in the order in which they were made, and shall be
disposed of in the same manner as the proceeds of attached
personal property sold under the provisions of section
eighty-two of chapter one hundred and sixty-seven of the
Revised Laws. Approved April 34, 1916.
An Act relative to untrue and misleading advertise- rjhr,r) 149
MENTS.
Be it enacted, etc., as follows:
Section 1. Any person who, with intent to sell or in untrue and
any wise dispose of merchandise, securities, service, or any- ^ivmfsements,
thing offered by such person, directly or indirectly, to the prohibited.
public for sale or distribution, or who with intent to increase
the consumption of or demand for such merchandise, securi-
ties, service, or other thing, or to induce the public in any
manner to enter into any obligation relating thereto, or to
acquire title thereto, or an interest therein, makes, publishes,
disseminates, circulates, or places before the public, or
causes, directly or indirectly, to be made, published, dis-
seminated, circulated, or placed before the public within
the commonwealth, in a newspaper or other publication,
or in the form of a book, notice, handbill, poster, bill, circular,
pamphlet, or letter, or in any other way, an advertise-
ment of any sort regarding merchandise, securities, service.
122 General Acts, 1916. — Chap. 150.
or anything so offered to the pubHc, which advertisement
contains any assertion, representation, or statement of fact
which is untrue, deceptive, or misleading, and which such
person knew, or might on reasonable investigation have
Penalty. ascertained to be untrue, deceptive, or misleading, shall be
guilty of a misdemeanor and shall be punished by a fine of
not less than ten or more than five hundred dollars for each
Proviso. offence: provided, however, that the provisions of this act
shall not apply to any owner, publisher, printer, agent or
employee of a newspaper or other publication, periodical
or circular, or to any agent of the advertiser who in good
faith and without knowledge of the falsity or deceptive
character thereof publishes, causes to be published, or partici-
pates in the publication of such advertisement.
j^/''^T'" **""™ Section 2. The term "person" as used in section one
defined. i n • i i i • • • •
shall mclude a partnership, corporation or association.
Repeal- Section 3. Chapter four hundred and eighty-nine of the
acts of the year nineteen hundred and twelve, as amended
by chapter two hundred and eighty-eight of the acts of the
year nineteen hundred and fourteen, is hereby repealed.
Approved April 24, 1916.
Chap. 150 An Act to extend the time during which action may
BE BROUGHT UPON THE STANDARD FIRE INSURANCE POLICY
IN CERTAIN INSTANCES.
Be it enacted, etc., as follows:
1^7,^576, § 60, Section 1. The standard fire insurance policy as set
forth in section sixty of chapter five hundred and seventy-
six of the acts of the year nineteen hundred and seven, is
hereby amended by adding to the limitation of action
Time during clausc the foUowiug: — provided, hoioever, that if, within said
which action , • i • , i , i . • p . i
may be brought two ycars, lu accordauce with the provisions oi the pre-
fi?°i'nfi^anS'^ ccdiug paragraph the amount of the loss shall have been
^tended''' referred to arbitration after failure of the parties to agree
thereon, the limitation of time for bringing such suit or
action shall in no event be less than ninety days after a
valid award has been made upon such reference or after
such reference or award has been expressly waived by the
parties. If suit or action upon this policy is enjoined or
abated, suit or action may be commenced at any time
within one year after the dissolution of such injunction, or
the abatement of such suit or action, to the same extent as
General Acts, 1916. — Chap. 151. 123
would be possible if there was no limitation of time provided
herein for the bringing of such suit or action, — so as to
read as follows: — No suit or action against this company suit or action,
for the recovery of any claim by virtue of this policy shall menced."'"
be sustained in any court of law or equity in this common-
wealth unless commenced within two years from the time
the loss occurred: provided, however, that if, within said Proviso.
two years, in accordance with the provisions of the pre-
ceding paragraph the amount of the loss shall have been
referred to arbitration after failure of the parties to agree
thereon, the limitation of time for bringing such suit or
action shall in no event be less than ninety days after a
valid award has been made upon such reference or after
such reference or award has been expressly waived by the
parties. If suit or action upon this policy is enjoined or
abated, suit or action may be commenced at any time
within one year after the dissolution of such injunction, or
the abatement of such suit or action, to the same extent as
would be possible if there was no limitation of time provided
herein for the bringing of such suit or action.
Section 2. Until July first, nineteen hundred and seven- untiUuiyi,
teen, section one of this act may be made effective by attach- effective by
ing the provision as above amended as a rider to the policy "^^'^ °^ ^^"'^"
instead of printing it in the body thereof.
Ajjjjroved April 24, 1916.
An Act relative to containers used in the sale of (Jfidf) 151
MILK AT wholesale.
Be it enacted, etc., as follows:
vSection 1. Any person selling milk at wholesale to any containers used
1 IP"! ,• p,i i'j- in sale of milk
purchaser who rurmshes contamers tor the same may petition at wholesale to
in writing a sealer or deputy sealer of weights and measures ^® ^^^^'^ '
to have such containers tested in the manner provided by
law and the capacity thereof, thus ascertained, plainly
stamped or otherwise indelibly marked thereon; and such
official may direct any such purchaser to have such containers
so tested and marked.
Section 2. Any person, firm or corporation who neglects Penalty.
or refuses to have any such containers tested and marked
as provided in section one after being directed so to do by
any sealer or deputy sealer and who continues to use the
same for the purpose of containing milk purchased from
124
General Acts, 1916. — Chaps. 152, 153, 154.
Registration of
bonds, etc.,
expense of
making
exchange.
any person who has petitioned any such official as provided
in said section shall be punished by a fine of not more than
ten dollars. Approved April 24, 1916.
Chap. 152 An Act relative to the registration of bonds and
OTHER SECURITIES.
Be it enacted, etc., a^ follows:
The expense involved in making the exchange provided
for by section one of chapter one hundred and thirty-six of
the acts of the year nineteen hundred and nine, and by
section one of chapter three hundred and seventy-seven of
the acts of the year nineteen hundred and twelve, shall be
borne by the county, city, town or corporation that issued
the obligation sought to be exchanged.
Approved April 24, 1916.
Chap.l5S An Act relative to the license fee for slaughter
HOUSES IN TOWNS HAVING LESS THAN TEN THOUSAND
INHABITANTS.
Be it enacted, etc., as follows:
Section 1. In towns having less than ten thousand
inhabitants the annual license fee for carrying on the business
of slaughtering neat cattle, sheep or swine shall be such
sum, not exceeding one hundred dollars, as the selectmen
shall fix.
Section 2. So much of section one hundred of chapter
seventy-five of the Revised Laws, as amended by section
two of chapter two hundred and ninety-seven of the acts of
the year nineteen hundred and eleven, as is inconsistent
herewith shall not apply to the provisions of this act.
Section 3. This act shall take full effect in any town to
which it applies upon its acceptance by a majority vote of
the voters thereof present and voting thereon at any annual
town meeting; otherwise it shall not take effect. For the
purpose of such acceptance this act shall take effect upon
its passage. Approved April 24, 1916.
Chap. 154: An Act relative to the marking, sale and installation
OF RANGE boilers.
Be it enacted, etc., as follows:
St^.^'lf'range' Section 1. No range boiler shall be sold or offered for
boilers. sale in this commonwealth unless its capacity is plainly
License fee for
slaughter
houses in
certain towns.
Certain
provisions of
law not to
apply.
Act to be
submitted to
voters, etc.
General Acts, 191G. — Chap, 155. 125
marked thereon in terms of Massachusetts standard Hqiiid
measure, together with the maker's business name, in such
manner that it may easily be identified.
Section 2. No copper, iron or steel pressure range boiler, Must bo
whether plain or galvanized, or other vessel or tank in maker's
which water is to be heated under pressure, shall be sold or t(^s't'!^"^'"' °
offered for sale in this commonwealth without having stamped
thereon the maker's guarantee that it has been tested to not
less than two hundred pounds hydraulic pressure to the
square inch. And no such boiler, or other vessel or tank
in which w\ater is to be heated under pressure, shall be
installed if the working pressure is greater than forty-two
and one half per cent of the guaranteed test pressure marked
thereon by the maker.
Section 3. Any person who sells or offers or exposes Penalty.
for sale any range boiler which is not marked or stamped
as provided in the preceding sections, or which is falsely
marked as having a capacity which is greater by seven
and one half per cent than its true capacity, or who marks
or causes the same to be marked with such false capacity,
.shall be punished by a fine not exceeding fifty dollars for
each offence.
Section 4. This act shall not apply to the sale or offer- Certain range
ing for sale of installed range boilers or to the sale or offering
for sale of range boilers as junk.
Section 5. This act shall take effect on the first day of ^'Sng°effeot.
July, nineteen hundred and sixteen.
Approved April 24, 1916.
An Act to authorize the state department of health Chav.155
TO PERFORM CERTAIN SERVICES IN ITS LABORATORY FOR
THE DEPARTMENT OF ANIMAL INDUSTRY.
Be it enacted, etc., as follows:
Section 1. The state department of health is hereby state (lepart-^
authorized to perform for the department of animal industry may perform
h. 1 I'l- 1 1 certain services
terms and conditions as may be agreed upon, for department
such services in its laboratory as may be necessary in the fnd,l^™y|
examination of materials from animals suspected of being
infected with glanders, tuberculosis, rabies or other diseases
of domestic animals.
Section 2. This act shall take effect upon its passage.
Approved April 26, 1916.
126
General Acts, 1916. — Chaps. 156, 157.
Trustees of
Independent
Agricultural
School of
Bristol county
may construct
barn, etc.
Issue of
bonds, etc.
Chap.l^Q An Act to provide funds for constructing a barn and
FOR PURCHASING EQUIPMENT FOR THE INDEPENDENT
AGRICULTURAL SCHOOL OF BRISTOL COUNTY.
Be it enacted, etc., as follows:
Section 1. The Trustees of the Independent Agricul-
tural School of Bristol County are hereby authorized and
directed to construct a barn, and to purchase laboratory
tables and other minor items of equipment made necessary
by recent losses from fire.
Section 2. For the purposes aforesaid, the county com-
missioners of said county are hereby authorized and directed
to borrow a sum not exceeding seven thousand five hundred
dollars, and to issue bonds or notes of the county therefor.
Such bonds or notes shall be payable by such annual pay-
ments, beginning not more than one year after the date of
each loan, as will extinguish each loan within fifteen years
from its date, and the amount of such annual payment in
any year shall not be less than the amount of the principal
payable in any subsequent year. The county may sell the
said securities at public or private sale upon such terms and
conditions as it may deem proper, but not for less than their
par value.
Section 3. This act shall take effect upon its passage.
Api)roved April 26, 1916.
Chap. 157 An Act relative to the sale of bread.
Be it enacted, etc., as follows:
R. L. 57, § 7,
amended.
Sale of bread
regulated.
Section 1. Section seven of chapter fifty-seven of the
Revised Laws is hereby amended by adding at the end
thereof the words: — nor to bread sold or offered for sale
in wrapped or package form having the net quantity of the
contents plainly and conspicuously marked on the outside
of the covering or container as provided by chapter six
hundred and fifty-three of the acts of the year nineteen
hundred and fourteen, — so as to read as follows: — Section
7. The provisions of the four preceding sections shall not
apply to rolls or to fancy bread weighing less than one
quarter of a pound, nor to bread sold or offered for sale in
wrapped or package form having the net quantity of the
contents plainly and conspicuously marked on the outside of
the covering or container as provided by chapter six hundred
General Acts, 1916. — Chaps. 158, 159. 127
and fifty-three of the acts of the year nineteen hundred and
fourteen.
Section 2. This act shall take effect upon its passage.
Approved April 26, 1916.
An Act to require fire protection in stables for Chap. 158
HORSES AND MULES.
Be it enacted, etc., as folloivs:
Section 1 . No horse or mule shall be stabled on the Fire protection
di . ^ n p I'll* 1 x1 in stables for
or any higher floor of any building unless there are horses and
two means of exit therefrom, at opposite ends of the building, """ *'''■
to the main or street floor.
Section 2. This act shall not apply to stables equipped J^°certam^'^
with an automatic sprinkler system. stables.
Section 3. Any violation of this act shall be punished Penalty,
by a fine of not more than two hundred dollars.
Section 4. This act shall take effect on the first day of J™| °f ^^^'""^
January, in the year nineteen hundred and seventeen.
Approved April 26, 1916.
An Act to provide for the addition of the town of QJiq^ \^^
reading to the north metropolitan sewerage
district,
Be it enacted, etc., as follows:
Section 1. The territory comprising the town of Reading Town of
is hereby added to the north metropolitan sewerage district to north ^
created by chapter four hundred and thirty-nine of the ^weSge'*'^''
acts of the year eighteen hundred and eighty-nine and acts 'i's*"<=*-
in amendment thereof and in addition thereto. In becoming
a part of said district, said addition shall be subject to the
provisions and shall conform to the requirements of the
said acts, except as is otherwise provided herein. Any
authority granted to other municipalities by said acts is
hereby also vested in the town of Reading in common with
such other municipalities.
Section 2. The metropolitan water and sewerage board outlets, etc.
shall provide an outlet at the Reading town line in or near
Brook street for the sewage of said town, and, acting on
behalf of the commonwealth shall construct a main trunk
sewer or sewers through such parts of the towns of Wake-
field and Stoneham and the city of Woburn from the Reading
town line to such point in the north metropolitan system
128
General Acts, 1916. — Chap. 159.
Certain provi-
sions of law
to apply.
Metropolitan
Sewerage
Loan.
Interest, etc.,
how appor-
tioned, etc.
Share of
interest and
sinking fund
as said board may determine to be necessary in order to
connect with a main trunk sewer in the IMystic valley.
Section 3. In providing said outlet and in receiving
sewage from said town, and in any action in relation thereto,
and for the purpose of taking, constructing and maintaining
such additional main lines of sewers, the metropolitan
water and sewerage board, acting on behalf of the common-
wealth, shall have and exercise all the authority conferred
upon it by said chapter four hundred and thirty-nine, and
by chapter one hundred and sixty-eight of the acts of the
year nineteen hundred and one and by acts in amendment
thereof and in addition thereto; and all the provisions of
said acts are made applicable to the additional construction,
maintenance and operation hereby authorized except as is
otherwise provided herein.
Section 4. To meet the expenses incurred under the
provisions of this act, the treasurer of the commonwealth
shall from time to time issue in the name and behalf of the
commonwealth and under its seal, bonds, designated on the
face thereof. Metropolitan Sewerage Loan, for a term not
exceeding forty years, to an amount not exceeding two
hundred and eighty-five thousand dollars in addition to the
amount of such bonds heretofore authorized for the con-
struction of the north metropolitan sewerage works. The
provisions of chapter four hundred and thirty-nine of the
acts of the year eighteen hundred and eighty-nine and
chapter four hundred and twenty-four of the acts of the
year eighteen hundred and ninety-eight, and all acts in
amendment thereof and in addition thereto shall, so far as
they are applicable, apply to the indebtedness authorized
by this act.
Section 5. The interest and sinking fund requirements
on account of the moneys expended in constructing that part
of the sewerage system provided for in this act, and the cost
of the maintenance and operation thereof, shall be deemed
to be, and shall be paid as, a part of the interest, sinking
fund requirements and costs specified in said chapter four
hundred and thirty-nine of the acts of the year eighteen
hundred and eighty-nine and acts in amendment thereof and
in addition thereto, and shall be apportioned, assessed and
collected in the manner provided by that chapter and acts
in amendment thereof and in addition thereto except as is
otherwise provided herein. The town of Reading shall, in
addition to the yearly payment of the assessment above
\
General Acts, 1916. — Chap. 160. 129
provided for, pay into the treasury of the commonwealth [l^'},"'''™;'!''*^''
for the sinking fund of the north metropolitan sewerage
district the sum of thirty-five thousand dollars, as follows:
— one fifth of the said amount shall be added to the yearly
sum payable by said town on account of its share of the
interest and sinking fund requirements of the district for
the succeeding five years. No assessment on account of ^gi^^g'J.o^f"
maintenance requirements of the north metropolitan sewer- mence.
age district shall be made upon said town until the calendar
year in which its sewers shall be connected with the north
metropolitan system as herein provided.
Section 6. This act shall take full effect when accepted Sng°effect.
by vote of a majority of the legal voters of the town of
Reading present and voting thereon at a meeting called for
the purpose. Approved April 26, 1916.
[Accepted May 22, 1916.]
An Act to provide for exchange of information (Jj^q^jj \qo
between the state board of charity and overseers
of the poor and the massachusetts commission for
the blind, and to provide for aiding persons with
seriously defective eyesight.
Be it enacted, etc., as follows:
Section 1. Section two of chapter three hundred and ^^g'^jg^^j ^ ^•
eighty-five of the acts of the year nineteen hundred and six
is hereby amended by inserting at the end thereof the words:
— The state board of charity and the overseers of the poor
of cities and towns are hereby directed to aid the commission
by reporting whenever outdoor or indoor aid is granted to
families in which there is a blind member or members, and
the commission is hereby directed to report in turn to the
state board of charity and the overseers of the poor of cities
and towns any activity on their part in relation to blind
persons who or whose families are known to be receiving
or to have received public outdoor or indoor aid, — so as to
read as follows : — Section 2. The commission shall be Massachusetts
ji'j, 1 ' ^ • ' J. i?j.iii*J' commission for
authorized to prepare and maintain a register of the blind in the blind to
Massachusetts, which shall describe their condition, cause of "eliTte'i-'^etc.
blindness and capacity for education and industrial training.
The chief of the bureau of statistics of labor is hereby directed
to aid the commission by furnishing it from time to time,
upon its request, with the names, addresses and such other
130
General Acts, 1916. — Chap. 161.
state board of
charity and
overseers of
poor to
furnish
information.
1906, 3S5,
amended.
To prevent
bhndness, etc.
facts concerning the blind as may be recorded by the enumer-
ators in taking any decennial census. The state board of
charity and the overseers of the poor of cities and towns
are hereby directed to aid the commission by reporting
whenever outdoor or indoor aid is granted to families in
which there is a blind member or members, and the com-
mission is hereby directed to report in turn to the state
board of charity and the overseers of the poor of cities and
towns any activity on their part in relation to blind persons
who or whose families are known to be receiving or to have
received public outdoor or indoor aid.
Section 2. Said chapter three hundred and eighty-five
is hereby further amended by inserting a new section after
section two to be numbered 2A as follows: — Section 2 A.
The commission is further authorized to register cases of
persons whose eyesight is seriously defective or who are
liable to become visually handicapped or blind, and to take
such measures, in co-operation with other authorities, as it
may deem advisable for the prevention of blindness or con-
servation of eyesight, and, in appropriate cases, for the
education of children and for the vocational guidance of
adults having seriously defective sight.
Approved April 27, 1916.
1913, 835, § 1,
etc., amended
C/iap. 161 An Act relative to the number of persons that shall
CONSTITUTE A POLITICAL COMMITTEE.
Be it enacted, etc., as follows:
Section one of chapter eight hundred and thirty-five of
the acts of the year nineteen hundred and thirteen, as
amended by section one of chapter four hundred and fifty-
four and also by section one of chapter seven hundred and
eighty-three of the acts of the year nineteen hundred and
fourteen, is hereby further amended by striking out the
word "five", in the third line of the paragraph beginning
Term "political with the words "The term", and inserting in place thereof
defiMd"''^ the word : — three, — so that the said paragraph will read
as follows: — The term "political committee" under the
provisions of this act relative to corrupt practices, shall
apply to every committee or combination of three or more
persons who shall aid or promote the success or defeat of a
political party or principle in a public election, or shall
favor or oppose the adoption or rejection of a constitutional
General Acts, 1916. — Chap. 1G2. 131
amendment or other question submitted to the voters.
Tlie term "political committee" as otherwise used shall
apply only to a committee elected in pursuance of this act.
Ai)proved April 27, 1916.
An Act relative to explosives and inflammable fluids (jjiQ'n 1Q2
AND COMPOUNDS.
Be it enacted, etc., as follows:
Section three of chapter three hundred and seventy of the i904, sro, § 3,
acts of the year nineteen hundred and four, as amended by ^"
chapter two himdred and eighty of the acts of the year nine-
teen hundred and five, by chapter five hundred and two of
the acts of the year nineteen hundred and eight, and by
section one of chapter two hundred and twenty-three of the
acts of the year nineteen hundred and ten, and by chapter
four hundred and fifty-two of the acts of the year nineteen
hundred and thirteen, is hereby further amended by striking
out the said section and inserting in place thereof the follow-
ing: — Section 3. No building or other structure shall be Buildings not
1 . .. . t> "^ J^ ^ ' , to be used for
used m any city or town tor the keepmg, storage, manu- storage of
e J. ^ e e xi, j.* i j • j.* j. explosives, etc.,
lacture or sale or any or the articles named m section two without a
unless the mayor and aldermen or selectmen shall have •"=®"^^-
granted a license therefor for one year from the date thereof
after a public hearing, fourteen days' public notice of which
shall have been given at the expense of the applicant, and
unless a permit shall have been granted therefor by the chief
of the district police, or by some official or officials designated
by him for that purpose: promded, however, that any building Proviso,
or other structure once used under a license and permit
granted as aforesaid or any building or other structure law-
fully used for any of said purposes may be continued in such
use from year to year if the owner or occupant thereof shall,
annually, while such use continues, file for registration with
the city or town clerk of the city or town where such build-
ing or other structure is situated and with the chief of the
district police, or the official designated by him to grant
permits in such city or town, a certificate reciting such use
and occupancy. The detective and fire inspection depart- Regulation of
ment of the district police may by regulation prescribe e-^toshes.etc,
within its jurisdiction the amount of explosives, crude privat^'^use."'
petroleum or any of its products, or of any other inflammable
fluid or compound that may be kept for private use in a
132
General Acts, 1916. — Chap. 163.
License may
be revoked.
Fees.
building or other structure without a license, permit, or
registration, or any of them.
The right to use a building or other structure for any of
said purposes may be revoked for cause after notice and a
hearing given to such owner or occupant at any time by the
mayor and aldermen or selectmen having authority to grant
licenses for such use, or by the chief of the district police.
A fee of one dollar may be charged for the license and a
like sum for the permit herein provided for, and one half of
said sum for the registration of the said certificate. Such
building or structure shall always be subject to whatever
alterations in construction and to whatever regulations of
its use in respect to protection against fire or explosion as the
detective and fire inspection department of the district
police may from time to time prescribe.
Aiyproved April 28, 1916.
Enforcing
certain me-
clianics' liens.
C/iap.l63 An Act relative to enforcing certain mechanics'
LIENS.
Be it enacted, etc., as follows:
Section 1. Any person who, prior to January first,
nineteen hundred and sixteen, had acquired a lien or the
right to enforce a lien in accordance with the provisions of
chapter one hundred and ninety-seven of the Revised Laws,
and acts in amendment thereof, may enforce the same in
the same manner as though chapter two hundred and ninety-
two of the General Acts of the year nineteen hundred and
fifteen had not been enacted; and the provisions of said
chapter one hundred and ninety-seven and acts in amend-
ment thereof that may be applicable thereto are hereby re-
enacted so far as is necessary for the aforesaid purpose.
Section 2. If an action or other proceeding to enforce
such a lien has been brought in the superior court which
ought to have been brought in a police, district or municipal
court or before a trial justice, or if such action or proceeding
has been brought in a police, district or municipal court
or before a trial justice, which ought to have been brought
in the superior court, if the error is discovered at any stage
of the proceedings the court may, upon motion of any party
thereto, order the action or proceeding, with all the papers
relating thereto, to be transferred to the proper court upon
terms to the defendant; and it shall thereupon be entered
and prosecuted as if it had been brought therein, and all
Action may be
transferred to
proper court,
etc.
General Acts, 191G. — Chaps. 164, 165. 133
prior proceedings otherwise regularly taken shall thereafter
be valid.
Section 3. This act shall take effect upon its passage.
A'p'proved Ayril 28, 1916.
An Act to permit certain employees of the common- (jj^Q^p \q^
wealth to become members of the state employees'
retirement association.
Be it enacted, etc., as follows:
Section 1. Any person who has heretofore given notice Certain
in writing to the insurance commissioner that he did not commo^eaith
wish to join the retirement association established by chapter memb^s°T
five hundred and thirty-two of the acts of the year nineteen Jj^yel™'
hundred and eleven, in accordance with clause (1) of section ^f^'J^^'^t^"^
three thereof, may become a member of the said association:
provided, that he gives notice in waiting to the insurance Proviso,
commissioner during the calendar year nineteen hundred
and sixteen that he desires to become a member of the
association.
Section 2. The pension for prior service of any person Credit for
becoming a member of the retirement association under the whento'^^''"^'
provisions of this act shall not be based upon or include any commence.
allowance for the period of time between the first day of
June, nineteen hundred and twelve, and the date when
such person becomes a member of the association.
Section 3. This act shall take effect upon its passage.
Approved May 1, 1916.
An Act to abolish the commission on gratuities for QJidj) ^55
veteran soldiers and sailors and to transfer its
duties to the adjutant general.
Be it enacted, etc., as follows:
Section 1 . The commission established by section three Duties of
of chapter seven hundred and two of the acts of the year g?^Sities°for°'^
nineteen hundred and twelve is hereby abolished. All the Ind'sa^iol^''^'^"
rights, powers, duties and obligations conferred and imposed the''ldjutifnt°
by law on the said commission, except as hereinafter pro- general, etc.
vided, are hereby transferred to and shall hereafter be
exercised and performed by the adjutant general, who shall
be the lawful successor of the said commission. The adjutant
general shall investigate and act upon all applications made
under the provisions of said chapter seven hundred and
134
General Acts, 1916. — Chap. 166.
Repeal.
two and amendments thereof, but no gratuity shall be paid
except with the approval of the auditor of the common-
wealth.
Section 2. Section three of said chapter seven hundred
and two is hereby repealed. Approved May 1, 1916.
1911, 509, § 2,
amended.
C/iap, 166 An Act relative to the granting of locations for
POLES AND WIRES FOR THE TRANSMISSION OF ELEC-
TRICITY.
Be it enacted, etc., as follows:
Section 1. The second paragraph of section two of
chapter five hundred and nine of the acts of the year nine-
teen hundred and eleven is hereby amended by inserting
after the word "chapter", in the tenth line, the words: —
and having locations in any of the streets of such city or
town, — and by inserting after the word "petitioners", in
the fourteenth line, the words : — or by order grant to said
companies joint or identical locations for the maintenance
of said existing poles, piers, abutments or conduits, to be
used in common by them, — so as to read as follows : —
After the erection or construction of such line the mayor
and aldermen or selectmen may, after giving the company
or its agents an opportunity to be heard, or upon petition
of the company without notice or hearing, by order permit
an increase in the number of wires or cables, and direct an
alteration in the location of the poles, piers, abutments or
conduits or in the height of the wires or cables. The mayor
and aldermen or selectmen may, upon petition in writing
by two or more companies subject to the provisions of this
chapter, and having locations in any of the streets of such
city or town, without notice or hearing, by order authorize
any such company to attach its wires and fixtures to existing
poles, piers or abutments of either or any of the other pe-
titioners, or to maintain its wires or cables in the conduits
of either or any of said other petitioners, or by order grant
to said companies joint or identical locations for the main-
tenance of said existing poles, piers, abutments or conduits,
to be used in common by them. The mayor and aldermen
or selectmen may, upon petition in writing by two or more
companies subject to the provisions of this chapter, and
after notice to abutting landowners and a hearing as herein-
before provided, by order grant to said companies joint or
identical locations for the erection or construction of poles,
Granting of
locations for
poles and wires
for the trans-
mission of
electricity.
Joint locations
for poles, etc.
General Acts, 1916. — Chap. 167. 135
piers, abutments or conduits to be owned and used in com- No order
mon by them. No order of the mayor and aldermen or replace wires,
selectmen shall be required for renewing, repairing or re- ^^'
placing wires, cables, poles, piers, abutments, conduits or
fixtures once erected or constructed under the provisions
of law, or for making house connections or connections
between duly located conduits and distributing poles.
Section 2. This act shall take effect upon its passage.
Approved May 2, 1916.
An Act to establish a calorific standard for illumi- Chav. 167
NATING GAS.
Be it enacted, etc., as folloivs:
Section 1. For the purpose of establishing a calorific CaioriSc
standard for gas, the board of gas and electric light com- illuminating
missioners may from time to time, after notice and a public ^^^'
hearing, determine how many British thermal units shall
thereafter be required of gas supplied to their consumers
by gas companies or municipal lighting plants. If, after the Forfeiture.
establishment of a standard as aforesaid, the gas of any gas
company or of any city or town supplying gas is found on
three consecutive inspections, or on three inspections made
within a period of thirty consecutive days, to be below the
calorific standard so established, unless such defect is, in
the opinion of the board, due to unavoidable cause or acci-
dent, such company, city or town shall be liable to a for-
feiture of one hundred dollars which may be recovered by
an information in equity brought in the supreme judicial
court by the attorney-general at the relation of the board
and when so recovered shall be paid into the treasury of the
commonwealth.
Section 2. In connection with such inquiries as the Suspension
board may from time to time conduct for the purpose of proyi^kJns of
making the determination required by the preceding section, ^ei"'^^'^''^
the operation of so much of the provisions of section one
hundred and eighty-one of chapter seven hundred and forty-
two of the acts of the year nineteen hundred and fourteen as
relate to the candle power of gas supplied to consumers shall
be suspended with respect to such gas plants as are being
utilized by, or under the direction of, the board for testing
or experimental purposes.
Section 3. Every gas company or municipal lighting certain gas
plant which distributes and sells to its consumers over fifteen p'^°*^*^
136
General Acts, 1916. — Chaps. 168, 169, 170.
Transportation
and delivery
of intoxicating
liquors
by dealers
regulated.
Penalty.
provide cai- millioii cublc fcct of eras In a year shall, when required by
orimeter, etc. .ii i • ^ ^ • • -ii i
tne board, provide and maintani a suitable room not less
than a quarter of a mile from the gas works with a calori-
meter of a type and construction approved by the board,
which shall be open at all reasonable times to the inspector
and assistant inspectors of gas.
Section 4. This act shall take effect upon its passage.
Approved May 2, 1916.
Chap. 168 An Act to regulate the transportation and delivery
OF intoxicating liquors.
Be it enacted, etc., as follows:
Section 1. No person, firm or corporation holding a
license of any of the first five classes for the sale of spirituous
or intoxicating liquors shall transport such liquors into, for
delivery in, or deliver such liquors in, a city or town in
which licenses of the first five classes for the sale of intoxi-
cating liquors are not granted.
Section 2. Whoever violates the provisions of this act
shall be punished by a fine of not less than fifty nor more
than two hundred dollars for each offence, and upon con-
viction his license shall become null and void.
Approved May 2, WIG.
Chap.l&d An Act to authorize the register of probate and in-
solvency FOR the county OF BRISTOL TO EMPLOY ADDI-
TIONAL clerical assistance.
Be it enacted, etc., as follows:
Section 1. The register of probate and insolvency for
the county of Bristol shall be allowed for clerical assistance,
in addition to the amount now allowed by law, a sum not
exceeding eight hundred dollars annually, to be paid from
the treasury of the commonwealth upon the certificate of
the judge of probate and insolvency for said county.
Section 2. This act shall take effect upon its passage.
Approved May 3, 1916.
Chap. 170 An Act to create a reserve list of officers in the
national guard, MASSACHUSETTS VOLUNTEER MILITIA,
AND IN THE MASSACHUSETTS NAVAL MILITIA.
Be it enacted, etc., as follows:
Section 1. Graduates of the training school, national
guard, Massachusetts volunteer militia, shall, upon their
Register of
probate and
insolvency for
Bristol county
may employ
additional
clerical
assistance.
Reserve list of
officers created
in the national
General Acts, 1916. — Chap. 170. 137
own request, at any time within the three years next follow- ej'ajd. ^
ing the date of graduation, be appointed by the commander- volunteer
in-chief second lieutenants on the reserve list of the national
guard, INlassachusetts volunteer militia, which reserve list
is hereby created, and upon passing satisfactory physical
examination and examination as to their general fitness to
perform the duties of second lieutenant in the arm of the
service specified in their diplomas, in like manner as is, or
may hereafter be, required of newly commissioned officers of
the same grade, shall be commissioned accordingly.
Section 2. Graduates of the naval militia cadet school, ^fficerrfOT*°^
Massachusetts volunteer militia, shall, upon their own re- n^jf^^af^^-iitil**
quest, and at any time within the three years next following
the date of graduation, be appointed by the commander-in-
chief ensigns on the reserve list of the Massachusetts naval
militia, which reserve list is hereby created, and upon passing
satisfactory physical examination and examination as to
their general fitness to perform the duties of ensign in the
Massachusetts naval militia in like manner as is, or may
hereafter be, required of newly commissioned officers of the
same grade, shall be commissioned accordingly.
Section 3. Officers on the reserve list of the national omltr^^^^^^
guard, upon being commissioned, may be assigned, for a
period of one year, as additional second lieutenants, to such
companies as the commander-in-chief may direct, for the
purpose of continuing their military training, and officers on
the reserve list of the naval militia may be assigned to
corresponding duties with the naval militia for a like period
and purpose. At the conclusion of said assignments the Continuation
i.i.piii 1- • J. \ 1 on the reserve
commander-m-chiet shall cause due mquiry to be made as iist.
to the efficiency and general fitness of reserve officers, and
those who shall be found to be zealous, efficient and generally
fitted to discharge the duties of their grade shall be continued
on the reserve list for a further period of five years, during
which time they shall perform such duties consistent with
the constitution and laws of the commonwealth as may be
required of them by the commander-in-chief; otherwise
they shall be honorably discharged. At the end of such Honorable
further period of five years a reserve officer who has not in
the meantime received a commission on the active list shall
be honorably discharged. Officers on the reserve lists of the
national guard and of the naval militia shall be subject to
the provisions of all laws now or hereafter applicable to
commissioned officers of the volunteer militia, active or
retired, except as is otherwise provided herein. Oflficers on
138
General Acts, 1916. — Chap. 171.
Certain officers
exempt from
examinations.
the reserve lists shall not receive from the commonwealth
the pay and allowances allowed by law to other commis-
sioned officers.
Section 4. Officers on the reserve list of the national
guard who are elected or appointed to office on the active
Hst not higher in grade than that of first lieutenant, and
officers on the reserve list of the naval militia who are elected
or appointed to office on the active list not higher in grade
than that of ensign, shall be exempt from passing the exami-
nations required of other newly commissioned officers of
those grades and, upon being commissioned and qualified,
shall be assigned to duty.
Section 5. This act shall take effect upon its passage.
Approved May 3, 1916.
Chap.171 An Act to establish the basis of apportionment of
STATE AND COUNTY TAXES.
Be it enacted, etc., as follows:
Section 1 . The number of polls, the amount of property
and the proportion of every thousand dollars of state tax,
including polls at one tenth of a mill each, for each city and
town in the several counties of the commonwealth, as con-
tained in the following schedule, are hereby established, and
shall constitute a basis for apportionment for state and
county taxes until another is made and enacted by the
general court, to wit: —
Basis of
apportionment
of state and
county taxes.
Barnstable
county.
Polls, Property and Apportionment of State and
County Tax of $1,000.
BARNSTABLE COUNTY.
■
Tax of $1,000.
CiTiBs AND Towns.
Polls.
Property.
including polls
at one tenth
of a mill each.
Barnstable, .
1,428
S9,852,706
$1 78
Bourne,
615
8,006,908
1 40
Brewster,
214
1,555,568
28
Chatham,
533
2,161,582
41
Dennis,
597
1,699,450
34
Eastham,
153
591,829
11
Falmouth,
1,171
17,867,525
3 09
Harwich,
647
1,936,961
39
Mashpee,
81
368,035
07
Orleans,
385
9,473,933
1 62
General Acts, 1916. — Chap. 171.
139
BARNSTABLE COUNTY— Concluded.
Cities and Towns.
Polls.
Property.
Tax of $1,000,
including polls
at one tenth
of a mill each.
Provincetown,
Sandwich, ....
Truro,
Wellfleet, ....
Yarmouth, ....
1,074
381
174
305
467
S2,663,828
1,692,566
580,070
908,666
2,956,631
$0 55
32
\l
54
Totals,
8,225
162,316,258
111 19
Barnstable
county.
BERKSHIRE COUNTY.
Adams, ....
2,948
$9,002,279
$1 79
Alford, .
84
233,760
05
Becket,
297
902,800
18
Cheshire,
470
1,116,806
23
Clarksburg, .
284
365,171
09
Dalton,
1,088
7,563,226
1 37
Egremont, .
180
654,692
. 13
Florida,
109
583,261
11
Great Barrington,
1,906
8,026,664
1 53
Hancock,
152
508,880
10
Hinsdale,
382
898,016
19
Lanesborough, .
309
867,353
18
Lee,
1,385
3,851,745
78
Lenox, .
1,027
10,724,198
1 89
Monterey, .
119
442,994
09
Mount Washington,
28
175,195
03
New Ashford,
27
85,000
02
New Marlborough,
313
1,002,600
20
North Adams,
5,264
18,077,919
3 54
Otis, .
137
351,154
07
Peru, .
63
210,107
04
Pittsfield, .
11,560
45,025,662
8 66
Richmond, .
174
839,153
16
Sandisfield, .
196
491,833
10
Savoy, .
157
251,350
06
Sheffield,
530
1,625,683
32
Stockbridge,
563
6,271,692
1 10
Tyringham, .
89
467,456
09
Washington,
77
376,000
07
West Stockbridge,
393
667,513
15
Williamstown, .
1,077
6,223,944
1 14
Windsor,
121
390,000
08
Totals, .
31,509
$128,274,106
$24 54
Berkshire
county.
140
General Acts, 1916. — ^Chap. 171.
Bristol eountv.
BRISTOL COUNTY.
Tax of $1,000.
Cities and Towns.
Polls.
Property.
iacluding polls
at one tenth
of a mill each.
Acushnet, ....
559
11,536,589
$0 31
Attleboro,
5,550
23,294,074
4 44
Berkley,
266
655,602
14
Dartmouth,
1,196
6,967,455
1 28
Dighton,
662
2,018,148
40
Easton,
1,513
11,820,902
2 12
Fairhaven,
1,537
5,063,748
1 00
Fall River,
33,550
115,614,540
22 62
Freetown,
537
1,373,930
28
Mansfield ,
1,702
5,598,355
1 10
New Bedford,
31,024
121,294,196
23 31
North Attleborough, .
2,763
10,582,704
2 04
Norton,
777
1,900,169
39
Raynham,
478
1,234,200
25
Rehoboth,
635
1,183,262
26
Seekonk,
758
2,097,571
43
Somerset,
873
2,037,067
43
Swansea,
651
2,246,604
44
Taunton,
10,122
31,614,954
6 28
Westport,
813
2,907,608
57
Totals, .
95,966
$351,041,678
$68 09
County of
Dukes county.
COUNTY OF DUKES
COUNTY.
Chilmark, ....
112
$435,009
$0 08
Edgar town, .
381
1,595,951
30
Gay Head, .
52
46,690
01
Gosnold,
51
852,085
15
Oak Bluffs, .
321
2,065,203
38
Tisbury,
387
2,292,566
42
West Tisbury,
116
772,063
14
Totals, .
1,420
$8,059,567
$1 48
Ease.K county.
Amesbury, .
Andover,
Beverly,
ESSEX COUNTY.
2,550
2,038
6,805
$7,539,820
11,181,675
51,998,153
U 51
2 07
9 34
General Acts, 1916. — Chap. 171.
141
ESSEX COUNTY —
Concluded.
Tax of $1,000,
Cities and Towns.
Polls.
Property.
including polls
at one tenth
*
of a mill each.
Boxford, ....
200
$1,622,102
$0 29
Danvers,
2,951
9,522,097
1 88
Essex, .
539
1,493,414
30
GeorgetoAvn,
559
1,484,119
30
Gloucester, .
7,452
28,200,772
5 44
Groveland, .
620
1,475,872
31
Hamilton, .
517
7,471,904
1 30
Haverhill, .
14,673
48.575,781
9 56
Ipswich,
1,363
6,174,478
1 16
Lawrence, .
20,608
88,578,817
16 82
Lynn, .
28,218
99,742,227
19 44
Lynnfield,
363
1,467,753
28
Manchester,
875
23,304,433
3 97
Marblehead,
2,234
11,896,391
2 21
Merrimac, .
600
1,558,290
32
Methuen, .
3,637
10,592,650
2 13
Middleton, .
331
1,035,553
21
Nahant,
468
11,400,072
1 95
Newbury, .
479
2,561,304
47
Newburyport,
4,131
13,604,158
2 68
North Andover,
1,500
7,267,007
1 36
Peabody,
4,875
17,441,218
3 39
Rockport, .
1,351
4,314,661
85
Rowley,
381
2,544,100
46
Salem, .
10,063
46,481,119
8 75
Sahsbury, .
551
1,803,791
36
Saugus,
2,777
7,371,553
1 51
Swampscott,
1,979
18,273,334
3 24
Topsfield, .
343
4,988,125
87
Wenham,
306
4,058,458
71
West Newbury,
447
1,308,863
26
Totals, ....
126,784
$558,334,064
$105 70
Essex county.
FRANKLIN COUNTY.
Ashfield, ....
272
$1,022,975
$0 20
Bernardston,
207
682,766
13
Buckland, ....
477
2,131,249
40
Charlemont,
320
664,458
14
Colrain, ....
519
1,084,927
23
Conway, ....
333
970,861
19
Franklin
county.
142
General Acts, 1916. — ^Chap. 171.
Franklin
county.
FRANKLIN
COUNTY -
— Concluded.
Tax of $1,000,
Cities and Towns.
Polls.
Property.
including polls
at one tenth
*
of a mill each.
Deerfield, ....
762
$2,822,082
$0 55
Erving,
368
1,625,897
31
Gill, .
270
549,725
12
Greenfield,
3,953
15,804,886
3 03
Hawley,
107
277,852
06
Heath, .
116
350,405
07
Leverett,
222
440,657
10
Leyden,
93
282,464
06
Monroe,
81
420,000
08
Montague,
2,125
6,764,685
1 34
New Salem,
174
459,463
09
Northfield,
438
1,838,500
35
Orange,
1,671
5,126,915
1 02
Rowe, .
124
349,719
07
Shelburne,
442
2,109,237
40
Shutesbury,
90
420,000
08
Sunderland,
378
931,886
19
Warwick,
122
513,355
10
Wendell,
130
600,138
11
Whately,
303
888,997
18
Totals,
14,097
$49,134,099
$9 60
Hampden
county.
HAMPDEN COUNTY.
Agawam, ....
1,245
$3,590,615
$0 72
Blandford, .
187
817,659
15
Brimfield, .
267
890,522
17
Chester,
407
997,735
21
Chicopee, .
7,956
23,913,359
4 78
East Longnieado
w,
530
1,551,623
31
Granville, .
219
680,518
14
Hampden, .
176
551,758
11
Holland,
45
150,603
03
Holyoke,
15,984
73,746,051
13 88
Longmeadow,
507
3,911,379
70
Ludlow,
1,533
5,832,307
1 12
Monson,
1,118
2,812,914
58
Montgomery,
71
200,000
04
Palmer,
2,698
6,206,164
1 30
Russell, ....
335
2,433,162
44
General Acts, 1916. — Chap. 171.
143
HAMPDEN
[
COUNTY -
— Concluded.
Tax of $1,000.
Cities and Towns.
Polls.
Property.
iucluding polls
at one tenth
of a mill each.
Southwick, ....
347
$1,031,641
$0 21
Springfield, .
31,442
203,417,211
37 03
Tolland,
59
310,000
06
Wales, .
107
320,637
06
West Springfield,
3,165
11,391,075
2 21
Westfield, .
4,717
14,425,880
2 87
Wilbraham,
700
2,307,726
45
Totals, ....
73,815
$361,490,539
$67 57
Hampden
county.
HAMPSHIRE COUNTY.
Amherst, ....
1,748
$7,993,019
$1 51
Belchertown,
573
1,104,731
24
Chesterfield,
171
425,460
09
Cummington,
193
427,219
09
Easthampton,
2,617
8,860,269
1 74
Enfield,
247
905,098
18
Goshen,
83
280,611
05
Granby,
227
868,471
17
Greenwich, .
131
315,815
07
Hadley,
790
2,430,047
48
Hatfield, .
758
2,269,518
45
Huntington,
465
900,160
20
Middlefield,
89
271,277
05
Northampton,
5,190
21,374,027
4 08
Pelham,
148
512,877
10
Plainfield, .
110
244,006
05
Prescott,
104
278,167
06
South Hadley,
1,386
4,067,561
82
Southampton,
251
677,970
14
Ware, .
2,327
6,603,594
1 33
Westhampton,
104
340,021
07
Williamsburg,
627
1,421,253
30
Worthington,
184
478,458
10
Totals, ....
18,523
$63,049,629
$12 37
Hampshire
county.
144
General Acts, 1916. — Chap. 171.
Middlesex
county.
MIDDLESEX COUNTY.
Tax of $1,000,
Cities and Towns.
Polls.
Property.
including polls
at one tenth
of a mill each.
Acton,
682
$2,903,227
SO 55
Arlington, .
4,063
19,849,317
3 71
Ashby, .
270
1,189,009
23
Ashland,
583
1,553,361
32
Ayer, .
844
2,536,971
51
Bedford,
402
2,374,506
44
Belmont,
2,313
13,667,620
2 51
Billerica,
911
5,980,588
1 09
Boxborough,
98
322,503
06
Burlington, .
231
1,041,894
20
Cambridge, .
28,858
145,450,647
27 12
Carlisle,
152
838,071
15
Chelmsford,
1,337
5,265,126
1 01
Concord,
1,695
10,683,902
1 95
Dracut,
987
2,797,559
56
Dunstable, .
114
681,336
12
Everett,
10,478
34,653,684
6 82
Framingham,
4,450
19,554,312
3 70
Groton,
652
5,495,576
98
HoUiston, .
790
2,276,737
46
Hopkinton, .
789
2,048,201
42
Hudson,
2,108
5,117,127
1 06
Lexington, .
1,759
11,270,890
2 05
Lincohi,
334
5,685,144
98
Littleton, . *
345
1,426,470
27
Lowell, .
25,984
98,385,020
18 99
Maiden,
14,019
47,406,486
9 30
Marlborough,
4,678
12,133,000
2 49
Maynard, .
2,108
4,374,512
94
Medford,
8,831
33,214,921
6 42
Melrose,
4,850
21,109,262
4 00
Natick,
3,354
9,902,394
1 99
Ne^vton,
11,658
98,091,454
17 51
North Reading,
321
1,156,895
22
Pepperell, .
911
2,699,786
54
Reading,
2,043
8,775,394
1 67
Sherborn, .
378
2,970,531
53
Shirley,
621
1,637,528
33
Somerville, .
24,749
80,729,831
15 92
Stoneham, .
2,230
6,389,965
1 29
Stow, .
330
1,510,037
28
Sudbury,
353
1,690,102
32
Tewksburj', ....
612
2,050,020
40
General Acts, 1916. — Chap. 171.
145
MIDDLESEX COUNTY — Concluded.
Cities and Towns.
Townsend, .
Tyngsborough,
Wakefield,
Waltham,
Watertown,
Way land,
Westford,
Weston,
Wilmington,
Winchester,
Woburn,
Totals, .
Polls.
555
287
3,780
8,286
4,586
621
812
652
667
2,615
4,809
200,945
Property.
Tax of $1,000,
including polls
at one tenth
of a mill each.
$1,602,255
892,321
13,288,394
33,696,959
23,480,955
3,592,879
3,065,922
11,181,997
2,296,896
20,298,615
15,899,337
$868,187,446
$0 32
18
2 59
6 44
4 37
66
59
1 93
45
3 64
3 13
$164 71
Middlesex
county.
-Nantucket,
Totals,
NANTUCKET COUNTY.
984
984
$4,862,297
$4,862,297
91
91
Nantucket
county.
NORFOLK COUNTY.
Norfolk county.
Avon,
642
$1,189,516
$0 26
Bellingham,
523
1,196,218
25
Braintree, .
2,565
10,358,813
1 98
Brookline, .
8,321
170,891,658
30 30
Canton,
1,355
8,196,963
1 50
Cohasset,
838
11,296,338
1 97
Dedhain,
2,812
17,471,707
3 19
Dover, .
278
9,555,101
1 62
Foxborough,
1,038
3,069,633
62
Franklin,
1,745
5,686,585
1 12
Holbrook, .
786
2,121,379
43
Medfield, .
608
2,607,144
50
Medway,
881
1,962,228
41
Millis, . .
452
1,724,744
33
Milton,
2,275
38,117,803
6 58
146
General Acts, 1916. — Chap. 171.
Norfolk county.
NORFOLK
COUNTY -
- Concluded.
Tax of $1,000.
Cities and Towns Polls.
Property.
including polls
at one tenth
of a mill each.
Needham, ....
1,808
110,088,369
$1 86
Norfolk,
404
1,285,295
25
Norwood,
3,296
18,739,109
3 45
Plainville,
423
1,114,300
23
Quincy,
12,252
45,960,081
8 88
Randolph,
1,215
3,669,606
73
Sharon,
706
4,125,957
76
Stoughton,
2,156
4,717,487
1 00
Walpole,
1,628
8,223,790
1 53
Wellesley,
• 1,732
22,047,607
3 85
Westwood,
386
4,980,084
87
Weymouth,
3,884
14,005,673
2 72
Wrentham,
489
1,772,072
34
Totals,
55,498
S432, 175,260
177 53
Plymouth
county.
PLYMOUTH COUNTY.
Abington, ....
1,797
. $4,632,258
$0 95
Bridgewater,
2,007
4,844,800
1 01
Brockton, .
19,077
62,254,312
12 28
Carver,
402
2,280,266
42
Duxbury,
585
4,419,119
79
East Bridgewatei
»
1,064
3,354,671
67
Hahfax,
220
709,386
14
Hanover,
817
2,661,859
53
Hanson,
574
1,933,472
38
Hingham, .
1,552
9,705,455
1 77
Hull, . .
480
9,889,980
1 70
Kingston, .
700
1,998,080
40
Lakeville, .
386
1,549,885
30
Marion,
537
7,988,253
1 38
Marshfield, .
538
2,908,382
54
Mattapoisett
369
2,998,181
54
Middleborough,
2,467
5,985,532
1 24
Norwell,
496
1,559,399
31
Pembroke, .
402
1,365,653
27
Plymouth, .
3,480
15,984,776
3 01
Plympton, .
163
554,224
11
Rochester, .
377
1,121,324
22
Rockland,
2,162
6,268,865
1 26
Scituate,
847
6,433,579
1 16
General Acts, 1916. — Chap. 171.
147
PLYMOUTH COUNTY — Concluded.
Plymouth
county.
■
Tax of Sl.OOO,
CrnEs AND Towns.
Polls.
Property.
including polls
at one tenth
of a mill each.
Wareham, ....
1,558
$7,282,097
$1 37
West Bridgewater, . . i 806
1,992,883
41
Whitman, ....
Totals, ....
2,307
6,203,961
1 26
46,170
$178,880,652
$34 42
SUFFOLK COUNTY.
SufiFoIk county
Boston, ....
210,083
$1,785,900,512
$318 53
Chelsea, ....
11,241
32,562,957
6 55
Revere, ....
6,929
23,812,667
4 66
Winthrop, ....
3,801
17,378,910
3 28
Totals, ....
232,054
$1,859,655,046
$333 02
WORCESTER COUNTY.
Worcester
county.
Ashburnham,
580
$1,626,151
$0 33
Athol, .
2,727
7,285,009
1 49
Auburn,
867
1,978,621
42
Barre, .
1,101
3,071,063
62
Berlin, .
235
814,134
16
Blackstone,
1,504
2,597,711
58
Bolton, .
219
844,849
16
Boylston,
234
680,530
14
Brookfield,
591
1,660,274
34
Charlton,
612
1,686,961
34
Clinton,
3,499
9,941,414
2 01
Dana, .
183
536,123
11
Douglas,
605
1,884,857
37
Dudley,
1,052
2,753,512
56
Fitchburg,
11,827
45,470,286
8 76
Gardner,
4,662
13,873,245
2 78
Grafton,
1,425
4,289,543
86
Hardwick, .
971
6,163,875
1 12
Harvard,
324
2,432,035
44
Holden,
684
2,277,334
45
Hopedale,
855
12,476,657
2 16
Hubbardston,
319
886,105
18
148
General Acts, 1916. — Chap. 171,
Worcester
county.
WORCESTER COUNTY — Concluded.
1 Tax of $1,000,
Cities and Towns.
Polls.
Property.
including polls
at one tenth
of a mill each.
Lancaster, ....
609
$13,658,888
$2 34
Leicester,
958
2,877,486
58
Leominster,
5,162
15,167,703
3 04
Lunenburg, .
457
1,814,254
35
Mendon,
280
861,287
17
Milford,
3,981
10,930,543
2 22
Millbury, .
1,283
3,827,782
77
New Braintree,
143
523,048
10
North Brookfield
)
821
2,471,920
49
Northborough,
567
2,142,627
41
Northbridge,
2,806
8,305,569
1 66
Oakliam,
165
457,006
09
Oxford,
955
2,839,764
57
Paxton,
117
504,269
10
Petersham,
207
1,295,782
24
PhiUipston,
106
436,200
08
Princeton,
262
1,672,883
30
Royalston,
233
889,462
17
Rutland,
406
1,022,615
21
Shrewsbury,
769
3,372,519
64
Southborough,
547
3,696,204
67
Southbridge,
4,146
8,839,397
1 89
Spencer,
1,740
4,398,315
91
Sterhng,
424
1,585,180
31
Sturbridge,
475
1,047,780
22
Sutton,
691
1,648,225
34
Templeton,
1,148
2,331,619
50
Upton, .
551
1,450,853
30
Uxbridge,
1,360
4,855,874
94
Warren,
1,214
2,919,145
61
Webster,
3,229
11,159,386
2 18
West Boylston,
384
1,222,837
24
West Brookfield,
394
1,184,716
24
Westborough,
1,223
3,751,441
75
Westminster,
398
1,172,874
24
Winchendon,
1,763
4,918,485
1 00
Worcester, .
46,846
203,715,427
38 62
Totals, .
121,896
$460,209,654
$88 87
General Acts, 1916. — Chap. 172.
149
RECAPITULATION.
Recapitulatiou.
1
Tax of Sl.OOO,
Counties.
Polls.
Property.
including polls
at one tenth
of a mill each.
Barnstable, ....
8,225
$62,316,258
$11 19
Berkshire,
31,509
128,274,106
24 54
Bristol,
95,966
351,041,678
68 09
Dukes, .
1,420
8,059,567
1 48
Essex, .
126,784
558,334,064
105 70
Franklin,
14,097
49,134,099
9 60
Hampden,
73,815
361,490,539
67 57
Hampshire,
18,523
63,049,629
12 37
Middlesex,
200,945
868,187,446
164 71
Nantucket,
984
4,862,297
91
Norfolk,
55,498
432,175,260
77 53
Plymouth,
46,170
178,880,652
34 42
Suffolk,
232,054
1,859,655,046
333 02
Worcester,
121,896
460,209,654
88 87
Totals,
1,027,886
$5,385,670,295
$1,000 00
Section 2. This act shall take effect upon its passage.
Approved May 3, 1916.
An Act to authorize the metropolitan water and
sewerage board to make certain improvements in
the metropolitan water system.
Be it enacted, etc., as follows:
Section 1. The metropolitan water and sewerage board
is hereby authorized to construct a line for the transmission
of electricity between the power station at the Wachusett
Dam in Clinton and the power station at the Sudbury Dam
in Southborough ; to relocate and connect meters for the
measuring of water supplied through the low service to the
metropolitan water district; to construct a 12-inch pipe
line in Poplar street, West Roxbury, and under the Ne-
ponset river; and to install a new pumping engine at the
Arlington pumping station.
Section 2. To meet the expenses incurred under the
provisions of this act, the treasurer and receiver general
shall issue from time to time upon the request of said board,
bonds in the name and behalf of the commonwealth desig-
Chap.172
Metropolitan
water and
sewerage board
may make
certain
improvements
in metropolitan
water system.
Metropolitan
Water Loan,
Act of 1916.
150
General Acts, 1916. — Chap. 173.
MetTOpd^Uan nated on the face thereof, MetropoHtan Water Loan, Act of
Act of 1916.' 1916, to an amount not exceeding one hundred and fifty
thousand dollars, to be taken from the unexpended balance
of one hundred and ninety-six thousand dollars appro-
priated by chapter six hundred and ninety-four of the acts
of the year nineteen hundred and twelve; and the provisions
of chapter four hundred and eighty-eight of the acts of the
year eighteen hundred and ninety-five and acts in amend-
ment thereof and in addition thereto, shall, so far as appli-
cable, apply to the indebtedness and proceedings authorized
by this act.
Section 3. This act shall take effect upon its passage.
Approved May 3, 1916.
1909, 490.
Part ni,
§ 5, amended.
Chap. VIZ An Act to authorize the tax commissioner to furnish
TO ASSESSORS PRINTED INSTRUCTIONS RELATIVE TO THE
assessment of REAL ESTATE AND TANGIBLE PERSONAL
PROPERTY.
Be it enacted, etc., as folloics:
Section five of Part III of chapter four hundred and
ninety of the acts of the year nineteen hundred and nine is
hereby amended by inserting after the word "common-
wealth", in the fifth line, the following: — He shall prepare
and issue printed instructions to assessors as a guide to
them in carrying out the said purpose. Such printed in-
structions shall be adapted to varying local circumstances,
and to differences in the character and condition of property
subject to local taxation. He may furnish to local assessors
blank forms for use in valuing such property, — so as to
read as follows : — Section 5. He may visit any city or
town, inspect the work of its assessors and give to them
such information and require of them such action as will
tend to produce uniformity in valuation and assessments
throughout the commonwealth. He shall prepare and issue
printed instructions to assessors as a guide to them in carry-
ing out the said purpose. Such printed instructions shall
be adapted to varying local circumstances, and to differences
in the character and condition of property subject to local
taxation. He may furnish to local assessors blank forms for
use in valuing such property. He may cause an assessor
who violates any of the laws relative to the assessment of
taxes for which a penalty is imposed to be prosecuted, either
in the county in which said officer resides or in an adjoining
Tax commis-
sioner to
furnish infor-
mation and
printed in-
structions to
assessors.
Blank forma.
General Acts, 1916. — Chaps. 174, 175. 151
county. He may appear before the superior court or any Duties, etc..
1 j"" (> , • • •, , • i? .1 1 . j_ 'i> further defined.
board or county commissioners sitting tor the abatement or
taxes. He shall be allowed his reasonable travelling ex-
penses incurred under the provisions of this section. He
shall give his opinion to assessors and collectors upon any
question arising under any statute relating to the assessment
and collection of taxes, and may advise and consult with the
attorney-general upon all questions arising under this pro-
vision. The supervisors of assessors shall perform, subject
to the control, approval and direction of the tax commis-
sioner, all the duties imposed herein upon said tax commis-
sioner. The duties imposed upon and the powers granted to
the tax commissioner by the provisions of this act may be
exercised by him in person or by his deputy or first assistant
acting under his direction and control.
Approved May 3, 1916.
An Act relative to police, district and municipal Chap.174:
COURTS AND THEIR OFFICIALS AND PRACTICE.
Be it enacted, etc., as follows:
Section 1. The process, civil or criminal, of a district, Process of
police or municipal court shall run throughout the com- trrun thorough
monwealth for service in any case or proceeding within its '=o°»nio'^weaith.
jurisdiction.
Section 2. District, police and municipal courts shall be Practice of
courts of superior and general jurisdiction with reference to *'^'^*'*"^*'°'^''*^-
all cases and matters in which they have jurisdiction, and
it shall not be necessary for any order, decree, judgment,
sentence, warrant, writ or process which may be made,
issued or pronounced by them to set out any adjudication or
circumstances with greater particularity than would be
required in other courts of superior and general jurisdiction,
and the like presumption shall be made in favor of proceed-
ings of such courts as would be made in favor of proceedings
of other courts of superior and general jurisdiction.
Approved May 3, 1916.
An Act relative to the taking of deposits by certain Qhny 1 75
PERSONS, PARTNERSHIPS, ASSOCIATIONS AND CORPORA-
TIONS.
Be it enacted, etc., as follows:
Section 1. Of the money held for safe-keeping by Amount of de-
persons, partnerships, associations or corporations, subject a°cashonhand,
etc.
152
General Acts, 1916. — • Chap. 175.
Investment of
remainder.
In real estate.
In notes secured
by mortgages
of real estate,
etc.
In notes of
responsible
persons.
In notes of
responsible
borrowers
with pledges.
to the provisions of chapter four hundred and twenty-eight
of the acts of the year nineteen hundred and five, as amended
by chapter four hundred and eight of the acts of the year
nineteen hundred and six, and by chapter three hundred
and seventy-seven of the acts of the year nineteen hundred
and seven, and by chapter three hundred and thirty-eight
of the acts of the year nineteen hundred and ten, not less
than twenty per cent shall either be held as cash on hand,
which may include foreign money, the value of which shall
be computed at the current rate of exchange, or shall be
deposited in savings banks, trust companies or national
banks. The remaining eighty per cent of the money so
held for safe-keeping shall be invested only as follows : —
First. As required by section sixty-eight of chapter five
hundred and ninety of the acts of the year nineteen hundred
and eight and acts in amendment thereof and in addition
thereto, relating to the investments of savings banks in this
commonwealth so far as the same may be applicable and
except in so far as may otherwise be provided herein.
Second. In real estate; but the amount invested in any
one property plus the total amount of the mortgages thereon
shall not exceed the assessed valuation thereof, or a valua-
tion made at the expense of the depositary by a board or
committee of investment of a savings bank or of a trust
company, or by the security committee of a co-operative
bank, may be taken as the value of the property for the
purposes of investment as set forth in this section.
Third. In notes secured by mortgages of real estate;
but the amount so invested in any one note shall not exceed
eighty per cent of the valuation of the real estate described
in the mortgage deed securing the note, such valuation to
be determined in the manner prescribed in the second sub-
division of this section, nor shall such investment be made
if the total of any prior mortgage or mortgages on the real
estate so described, plus the amount to be so invested,
exceeds eighty per cent of the valuation, as aforesaid, of
that real estate.
Fourth. In notes which are the joint and several obliga-
tions of two or more responsible persons, provided that the
total amount so invested shall not exceed twenty per cent
of the total amount held for safe-keeping.
Fi]th. In notes of responsible borrowers with a pledge as
collateral of (a) one or more chattel mortgages, (b) jewelry,
(c) deposit books of depositors in savings banks or in the
General Acts, 1916. — Chap. 175. 153
savings departments of trust companies or national banks,
(d) accounts receivable against actual values properly
secured.
Sixth. In notes secured by mortgages of real estate where in notes secured
the amount named in the note is to be advanced in instal- onconstruftTon
ments for the construction of buildings; but the total etc. "'''^"'^^'
amount so invested on the security of any one note shall
never exceed eighty per cent of the assessed valuation of the
land plus the total amount of money actually paid out for
materials furnished and for work performed in the con-
struction of the building or buildings on said land: and the
tax bill showing the last assessment, and proper evidence to
the satisfaction of the bank commissioner that the money
advanced is for actual work performed or materials supplied,
shall be kept on file in the office of the depositary where
they may be inspected at any time by the bank commissioner
or his assistant.
Seventh. In notes of persons who are depositors with in notes of
the depositary; but the total amount so loaned to any one '^p"''""'^-
person shall never exceed twice the amount due from the
depositary to the borrower.
Eighth. In notes which are the joint and several obliga- in notes of
,• n . 1 p 1 • 1 •j_ depositors
tions or two or more persons, each or whom is a depositor jointly.
with the depositary; but the amount so loaned on any one
note shall not exceed twice the amount of the total due by
the depositary to the borrowers, and in computing this
total there shall be deducted from it the balance of any out-
standing financial obligation or obligations of such person
or persons to the depositary.
Ninth. In the bonds or other obligations of foreign in bonds
governments; but such investments must first receive the governm'lnts.
approval of the bank commissioner.
Section 2. The notes evidencing indebtedness to the Certain notes
depositary, mortgage deeds given as security for the notes, pledged as
and other collateral securing the same, shall not, except ^''''""ty. ets.
with the approval of the bank commissioner, be pledged as
security either for money borrowed by the depositary or
for any other obligation incurred by him, and they shall
be at all times accessible to the bank commissioner and his
assistants.
Section 3. All money received for transmission to a Time limit
e _ • X I- j^ 1 • -J.' for transmission
loreign country by any person, partnership, association or of money to
corporation subject to the provisions of section one of this countries.
act, shall be forwarded to the persons to whom the same
154
General Acts, 1916. — Chap. 176.
Form of receipt
to be approved
by bank com-
missioner.
Penalty.
Time of taking
effect.
is directed to be transmitted within seven days after the
receipt thereof.
Section 4. The receipt given by any person, partner-
ship, association or corporation, subject to the provisions of
section one, for deposits of money received for transmission
to a foreign country shall be on a form or forms approved
by the bank commissioner, and the use of any form for
this purpose which has not so been approved shall be suffi-
cient cause for revocation of the license granted under the
provisions of chapter three hundred and fifty-eight of the
acts of the year nineteen hundred and eleven, and the
amendments thereof.
Section 5. Any violation of this act shall be sufficient
cause for the revocation of the license granted under the
provisions of said chapter three hundred and fifty-eight, and
shall be considered as a violation of the conditions of the
bond required by section one of chapter three hundred and
seventy-seven of the acts of the year nineteen hundred and
seven.
Section 6. Sections one and two of this act shall take
effect on the first day of July, in the year nineteen hundred
and seventeen, but the remaining provisions thereof shall
take effect upon its passage. Approved May 3, 1916.
Tax commis-
sioner to furnish
general court
certain
information as
to revenue.
Chav 176 ^^ ^^^ ^^ REQUIRE the tax commissioner to furnish
to the general court certain information as to
revenue.
Be it enacted, etc., as follows:
In the year nineteen hundred and sixteen the tax com-
missioner shall ascertain the amount and kinds of personal
property assessed in every city and town in the common-
wealth under the description of "all other ratable" together
with the amount of taxes assessed thereon, and shall include
a statement thereof in his annual report upon "Polls, Prop-
erty and Taxes." He shall also, on or before the first day
of May in the year nineteen hundred and seventeen, and
annually thereafter, inform the general court as to the
amount of income assessed under any law for the taxation
of income enacted in the year nineteen hundred and sixteen,
and also an estimate of the probable amount of taxes that
will be levied upon incomes under such act. The tax com-
missioner shall also, on or before said first day of May,
General Acts, 1916. — Chap. 177. 155
transmit to the general court an estimate of the amount of
"all other ratable" personal property that will be assessed
in the several cities and towns in the year nineteen hundred
and seventeen. Full authority is hereby given to the tax May require
commissioner to require from the assessors of the several ^^ra^""*
cities and towns such reports as may be necessary for carry-
ing out the provisions of this act. Approved May 3, 1916.
An Act relative to the disposition of moneys received (JJidj) \'j'j
IN naturalization cases.
Be it enacted, etc., as follows:
Section 1. Section thirty-one of chapter one hundred l^c^imended.
and sixty-five of the Revised Laws, as amended by chapter
two hundred and fifty-three of the acts of the year nineteen
hundred and eight, is hereby further amended by striking
out all after the words "United States", in the twenty-first
line, and inserting in place thereof the words : — , in so far
as such retention is authorized by federal law, but from the
moneys so retained they shall pay all additional clerical
force that may be required in performing the duties im-
posed by the said naturalization laws, — so as to read as
follows: — Section 31. The clerks of the courts in the Disposition of
several counties, and of the supreme judicial court and the received in
superior court in the county of Suffolk, shall keep a cash cases'!'*
book, which shall be county property and shall be and
remain a part of the records of the courts, in which they
shall keep accounts of all fees received by them for their
official acts and services, including fees for copies which
they are not required by law to furnish, fees and money in
proceedings relative to naturalization or for naturalization
certificates, and all fees and money of whatever description
or character received by them, or by any assistant or other
person in their offices or employment, for any acts done or
services rendered in connection with their said offices, and
shall on or before the tenth day of each month pay over
to the treasurer of the county, or to such other officer as is
entitled to receive them, all fees received during the pre-
ceding calendar month, and shall render to him an account
thereof under oath: provided, however, that the said clerks proviso,
may retain that part of any moneys received by them
under or by authority of the naturalization laws of the
United States, in so far as such retention is authorized by
federal law, but from the moneys so retained they shall pay
156
General Acts, 1916. — Chaps. 178, 179.
all additional clerical force that may be required in perform-
ing the duties imposed by the said naturalization laws.
Section 2. This act shall take effect upon its passage.
Approved May 8, 1916.
Payment of
expenses of
rebuilding
Wellington
bridge.
Chap. VI d> An Act to provide for payment of the expenses of
REBUILDING WELLINGTON BRIDGE.
Be it enacted, etc., as follows:
Section 1. The expenditure of a sum not exceeding
eleven thousand dollars is hereby authorized, under the pro-
visions of chapter seven hundred and ninety-four of the acts
of the year nineteen hundred and fourteen, as amended by
chapter two hundred and seventy-six of the General Acts of
the year nineteen hundred and fifteen, in addition to the
sums appropriated by said acts, for the payment of such
sums as may be found due by the metropolitan park com-
mission, subject to the approval of the attorney-general,
for work already performed and material furnished in the
construction of Wellington bridge in Somerville and Med-
ford, under the provisions of said acts.
Section 2. This act shall take effect upon its passage.
Approved May 8, 1916.
1913, 835, § 103,
etc., aniended.
Chap. 179 An Act to prevent the vf)TERs of one political party
FROM voting in THE PRIMARIES OF ANOTHER POLITICAL
PARTY.
Be it enacted, .etc., as follows:
Section 1. Section one hundred and three of chapter
eight hundred and thirty-five of the acts of the year nine-
teen hundred and thirteen, as amended by section one of
chapter seven hundred and ninety of the acts of the year
nineteen hundred and fourteen, is hereby further amended
by striking out the last paragraph, so as to read as follows:
— Section 103. Ballots for use at state and presidential
primaries shall' be prepared and provided, and the number
thereof determined, by the secretary of the commonwealth,
and no other ballots shall be received or counted: provided,
however, that if the ballots provided for any polling place are
not delivered, or if after delivery they are lost, destroyed or
stolen, the city or town clerk or election commissioners
shall provide ballots similar as far as possible, which ballots
may be used.
Ballots for state
and presidential
primaries,
preparation,
etc.
Proviso.
General Acts, 1916. — Chap. 179. 157
Section 2. Section one hundred and four of said chapter lois, sss, § io4.
eight hundred and thirty-five, as amended by section two ^tc, amended.
of said chapter seven hundred and ninety, is hereby further
amended by striking out the last paragraph, so as to read as
follows: — Section IO4. The city or town shall provide and ^^jf^^J^ '''^^
the city or town clerk shall prepare ballots to be used in primaries,
. . 1 1 1 11 1 11 1 • 1 preparation,
city or town primaries, and no other ballots shall be received etc.
or counted. No ballots as herein provided shall be printed
in any printing establishment owned or managed by the
city of Boston.
Section 3. Section one hundred and five of said chapter 1913, sss, § 105,
eight hundred and thirty-five, as amended by section three ^^"^
of said chapter seven hundred and ninety, is hereby further
amended by inserting after the word "ballot ", in the fourth
line, the words : — of each party, — so as to read as fol-
lows: — Section 105. The number of ballots for use at Number of
city or town primaries shall be determined by the city clerk determ'ined.
in cities, and by the town clerk in towns, and shall not for
any ward or town exceed one ballot of each party for each
voter therein.
Section 4. Said chapter eight hundred and thirty-five, 1913, sss. § loe,
11. ,. Ill 1-1 j^'i» etc., amended.
as amended in section one hundred and six by section tour
of said chapter seven hundred and ninety, is hereby further
amended b\' striking out said section one hundred and six
and inserting in place thereof the following: — Section 106. ^f^°\l^l,^^''^
Ballots for each party shall be printed on paper of a different printed on
color from that on which the ballots for any other party ditfefent color.
are printed. At least six facsimile copies of the ballot for
each party, printed on colored paper, shall be provided for
each polling place as specimen ballots.
Section 5. Section one hundred and seven of said i^'^- ^^< ^^^^'
chapter eight hundred and thirty-five, as amended by section
five of said chapter seven hundred and ninety, is hereby
further amended by striking out, wherever they occur in
said section, the words "official primary ballot", and in-
serting in place thereof the words : — official ballot of the
(here shall follow the party name), — so as to read as fol-
lows: — Section 107. At the top of each ballot shall be Form of official
printed the words "The official ballot of the (here shall ^ ^^'
follow the party name)." On the back and outside of each
ballot when folded shall be printed the words "Official
ballot of the (here shall follow the party name) ", followed
by the number of the precinct and ward or the name of the
town for which the ballot is prepared, the date of the pri-
158
General Acts, 1916. — Chap. 179.
Arrangement of
names.
To be arranged
in groups in
order of
drawing.
Proviso.
Street and
number of
residence to
be printed.
Certain state-
ment to be
printed.
Names to be
printed on
ballot, blank
spaces to be
provided, etc.
Number to be
voted for to be
stated on ballot.
Form of
ballots, etc.
1913, 835, § 109.
etc., amended.
Delivery of
ballots, etc., at
polling places.
mary and for state or presidential primaries a facsimile of
the signature of the secretary of the commonwealth and
for city or town primaries a facsimile of the signature of the
city or town clerk. Names of candidates for each elective
office shall be arranged alphabetically according to their
surnames.
Names of candidates for ward or town committees, and
for delegates to conventions shall be arranged in groups in
such order as may be determined by lot, under the direction
of the secretary of the commonwealth, who shall notify each
state committee and give a representative of each such
committee an opportunity to be present: provided, however,
that, when necessary, groups may be printed on the ballot
in two or more columns.
Against the name of a candidate for an elective office, for
a ward or town committee or for a member of a state com-
mittee shall be printed the street and number, if any, of his
residence.
Against the name of a candidate for an elective office
shall be printed the statement contained in the nomination
paper placing him in nomination.
No names shall be printed on a ballot other than those
presented on nomination papers. Immediately following the
names of candidates, blank spaces equal to the number of
persons to be chosen shall be provided for the insertion of
other names.
The number of persons to be voted for for the different
offices shall be stated on the ballot.
The form of ballots and the arrangement of printed
matter thereon shall be in general the same as that of the
official state ballots, except as otherwise provided in the
sections concerning primaries.
Section 6. Section one hundred and nine of said chap-
ter eight hundred and thirty-five, as amended by section
six of said chapter seven hundred and ninety, is hereby
further amended by inserting the words, "for each party",
after the word "ballots", in the twelfth line, and after the
word "ballots", in the fourteenth line, so as to read as
follows: — Section 109. The city or town clerk, or in Boston
the election commissioners, before the opening of the polls
on the day of the primary, shall deliver at the polling place
to the warden or, if he is not present, to the clerk or, if
both are absent, then to any inspector, ballot boxes, the
ballots, specimen ballots, voting lists, suitable blank forms
General Acts, 1916. — Chap. 179. 159
and apparatus for canvassing and counting the ballots and
making the returns, a seal of suitable device and a record
book for each polling place. The presiding officer at each Specimen
polling place shall, before the opening of the primary, con- pasted, etc.^
spicuously post in such polling place at least six specimen
ballots for each party, which shall be kept so posted until
the polls are closed, except that where voting booths are
provided two of such specimen ballots for each party may
be posted on such booth.
Section 7. Section one hundred and ten of said chapter i9i3, 835, §iio,
eight hundred and thirty-five, as amended by section seven ^*''' '*'"^'''^''*^-
of said chapter seven hundred and ninety, is hereby further
amended by striking out the said section and inserting in
place thereof the following: — Section 110. When, in a Political party,
primary, a voter seeks to pass the guard rail, he shall be votei^""'"^
asked by one of the ballot clerks, with which political party
he desires to be enrolled, and the ballot clerk upon reply
shall distinctly announce the name of such political party
and give him such political party ballot. The voter's selection
shall be checked on the voting list used by the ballot clerk,
and such list shall be returned to the election commissioners
in Boston, or to the city clerk in any other city, or to the
town clerk in towns, for preservation during the next succeed-
ing three calendar years. Said officers shall, upon receiving
a written request therefor, furnish a certified copy of said
list to any ward, town or city committee. The party en-
rolment of voters on such voting lists, and all subsequent
party enrolment of voters, shall be transferred each year to
the voting lists used at subsequent primaries, providing the
names of such voters have been entered, in Boston, in the
annual register prepared by the election commissioners from
the police lists, and in other cities and in towns, in the
annual register prepared from the assessors' lists.
Section 8. Section one hundred and eleven of said i9i3, sss, § in,
chapter eight hundred and thirty-nve, as amended by section
eight of said chapter seven hundred and ninety, is hereby
further amended by striking out the said section and insert-
ing in place thereof the following: — Section 111. No Voters enrolled
voter enrolled at a primary shall be allowed to receive the panj^'^tto''^'
ballot of any political party except that with which he is Ldfotof^^
so enrolled, but he may establish, change or cancel his en- ^^^Z\ party,
rolment by appearing in person before the election commis- ^^■
sioners in Boston, the city clerk in any other city, or the
town clerk in towns, and requesting in writing to have his
160
General Acts, 1916. — Chap. 179.
Proviso.
1913, 835, § 112,
etc., amended.
Counting of
votes.
1913, 835, § 118,
etc., amended.
Nomination
papers to be
submitted to
registrars; in
Boston to the
election
commissioners.
Number of
names to be
certified, etc.
enrolment changed to another party, or cancelled, or by
filing with such officer the said request in writing acknowl-
edged before a justice of the peace: 'provided, that such
change or cancellation shall not take effect until the ex-
piration of thirty days after so appearing, or filing said
request. No voter enrolled as a member of one political
party shall be allowed to receive the ballot of any other
political party, upon a claim by him of erroneous enrolment,
except upon a certificate of such error from the election
commissioners or board of registrars, as the case may be,
which certificate shall be presented to the presiding officer
of the primary and preserved as part of the records of such
primary; but the political party enrolment of a voter shall
not preclude him from receiving at a city or town primary
the ballot of any municipal party, though in no one primary
shall he receive more than one party ballot.
Section 9. Section one hundred and twelve of said
chapter eight hundred and thirty-five, as amended by section
nine of said chapter seven hundred and ninety, is hereby
further amended by striking out said section and inserting
in place thereof the following: — Section 113. In the
counting of votes when the ballots are removed from the
ballot box, they shall first be sorted into piles, one for each
party, and each pile shall be counted and sealed separately.
Votes shall be counted only for nominations of the party
on whose ballot they appear.
Section 10. Said chapter eight hundred and thirty-
five, as amended in section one hundred and eighteen by
section eleven of said chapter seven hundred and ninety, is
hereby further amended by striking out said section one
hundred and eighteen and inserting in place thereof the
following: — Section 118. Every nomination paper shall be
submitted on or before five o'clock in the afternoon of the
Saturday preceding the day on which it must be filed, to
the registrars of the city or town in which the signers appear
to be voters, and in Boston, to the election commissioners,
who shall forthwith certify thereon the number of signatures
which are names of voters both in the city or town and in
the district for which the nomination is made, and who are
not enrolled in any other party than that whose nomination
the candidate seeks.
They need not certify a greater number of names than
are required to make a nomination, with one fifth of such
number added thereto. Names not certified in the first
General Acts, 1916. — Chap. 180. 161
instance shall not thereafter be certified on the same nomi-
nation papers. The secretary of the commonwealth shall
not be required in any case to receive nomination papers
for a candidate after receiving papers containing a sufficient
number of certified names to make a nomination, with one
fifth of such number added thereto. For the purpose of Son""" """"^
certifying to the names on primary nomination papers it ^°hd'^'''°"^"
shall be the duty of the board of registrars of voters, in meetings to
." . . ,111 . • .1 certify names
Boston the election commissioners, to hold meetings on the on nomination
four Saturdays next preceding the date on which such p^p^"-
papers are required to be filed with the secretary of the
commonwealth, except that such meetings shall be held
on the two Saturdays next preceding the date on which the
papers are required to be so filed for primaries before special
elections.
No person shall be a candidate for nomination for more No person to
than one office for which such nominations are made; but for more than
this shall not apply to candidates for membership in political except, etc.
committees or delegations to the state convention.
Section 11. This act shall be referred to the people for Act to be
their rejection or approval at the polls, and shall be voted Voters at next
on at the next annual state election, and shall become law ^^^^'"^ ^°'^-
if approved by a majority of the voters voting thereon.
The act shall be referred in the form of the following ques-
tion to be placed upon the official ballot: "Shall an act
passed by the General Court in the year nineteen hundred
and sixteen, entitled 'An Act to prevent the voters of one
political party from voting in the primaries of
another political party ' be approved and become
law?"
YES.
Approved May 8, 1916.
An Act to provide for the protection of the public nhQ^j^ ]^cq
HEALTH IN THE VALLEY OF THE NEPONSET RIVER.
Be it enacted, etc., as follows:
Section one of chapter five hundred and forty-one of the 1902, 541, § 1,
acts of the year nineteen hundred and two, as amended by ® '^" ^"^^'^
section one of chapter three hundred and sixty of the acts
of the year nineteen hundred and six, is hereby further
amended by striking out the said section and inserting in
place thereof the following: — Section 1. The state depart- state depart-
„,,,., I i-i IT 1 I'U'j. ment of health
ment of health is hereby authorized and directed to prohibit to protect
the entrance or discharge of sewage into any part of the in valley of the
Neponset river.
162
General Acts, 1916. — Chaps. 181, 182.
Neponset river or its tributaries, and to prevent the entrance
or discharge therein of any other substance which may be
injurious to the pubHc health or may tend to create a public
nuisance or to obstruct the flow of water, including all waste
or refuse from any factory or other establishment where
persons are employed, unless the owner thereof shall use the
best practicable and reasonably available means to render
such waste or refuse harmless. Approved May 8, 1916.
Chap. 181 An Act to provide for the completion of the addition
ON THE WESTERLY SIDE OF THE STATE HOUSE.
Be it enacted, etc., as follows:
1915,256 (G),
§ 3, amended
Section 1. Section three of chapter two hundred and
fifty-six of the General Acts of the year nineteen hundred
and fifteen is hereby amended by inserting after the word
"hundred", in the fifth line, the words: — and sixty-five, —
Completion of SO as to read as follows : — Section 3. In order to defray
westeHy skte of the cxpcuses which may be incurred in carrying out the pro-
the state house. yjgJQ^g gf ^j^jg 2iQ.i, the trcasurcr and receiver general is
hereby authorized to issue, in the name of the common-
wealth, bonds or notes to an amount not exceeding six hun-
dred and sixty-five thousand dollars. The said bonds or
notes shall be issued upon the serial payment plan from
time to time as may be necessary, in such amounts and
upon such terms, and shall be payable serially in such
amounts and at such times, within a period not exceeding
thirty years, as shall be determined by the treasurer and
receiver general, with the approval of the governor and
council, to be for the best interests of the commonwealth.
Section 2. This act shall take effect upon its passage.
Approved May 0, 1916.
Chap. 182 An Act to authorize the employment of clerical
assistance by the treasurer of the county of
NORFOLK.
Be it enacted, etc., as follows:
Section 1. Section one of chapter two hundred and
thirty-one of the acts of the year nineteen hundred and seven
is hereby amended by striking out the words "six hundred",
in the third line, and inserting in place thereof the Avords:
— one thousand, — so as to read as follows: — Section 1.
1907, 231, § 1,
amended.
General Acts, 1916. — Chaps. 183, 184. 163
The treasurer of the county of Norfolk shall annually be Treasurer of
allowed from the treasury of the county a sum not exceeding may employ
one thousand dollars for clerical assistance, subject to the asTiLtonce.
approval of the county commissioners of said county.
Section 2, This act shall take effect upon its passage.
Approved May 9, 1916.
An Act relative to accommodations for inmates at the (Jhav 183
PRISON CAMP AND HOSPITAL.
Be it enacted, etc., as follotvs:
Section 1. Section sixty-five of chapter two hundred tended ^^'
and twenty-five of the Revised Laws is hereby amended by
striking out the words "not more than one hundred", in
the fourth line, so as to read as follows: — Section 65. After Establishment
such land has been so taken, the prison commissioners, with and hospitar^
the approval of the governor and council, shall cause iron
buildings of cheap construction to be erected thereon for
the accommodation of prisoners. When such buildings are Superintend-
ready for occupancy, the governor may issue his proclama- menti^cte!"*^'
tion establishing on such land a temporary industrial camp
for prisoners, and the prison commissioners may appoint a
superintendent thereof, w^ho shall hold his office at their
pleasure, give such bond as they require, receive such salary
as they determine and who shall have the custody of all
prisoners removed thereto. The superintendent, with the
approval of the prison commissioners, may appoint and
determine the compensation of assistants, and they shall
hold their office at his pleasure.
Section 2. This act shall take effect upon its passage.
Approved May 9, 1916.
An Act relative to suits against voluntary associa- ni.f,^ -104
TIONS created by ^VRITTEN INSTRUMENTS OR DECLARA- ^'
TIONS OF TRUST.
Be it enacted, etc., as follows:
Section 1. A voluntary association, created by written suits against
instrument or declaration of trust, the beneficial interest I^odSs
in which is divided into transferable certificates of partici- Written ^^
pation or shares, may be sued in an action at law for debts jfedLrSfMsof
and other obligations or liabilities contracted or incurred fust.
by the trustees under such written instrument or declaration
164
General Acts, 1916. — Chap. 185.
of trust, or by the duly authorized agents of such trustees,
or by any duly authorized officer of the association, in the
performance of their respective duties under such written
instrument or declaration of trust, and for any damages
to persons or property resulting from the negligence of such
trustees, agents, or officers acting in the performance of
their respective duties, and its property shall be subject to
attachment and execution in like manner as if it were a
corporation, and service of process upon one of the trustees
shall be sufficient.
Section 2. This act shall take effect upon its passage.
Approved May 9, 1916.
Cities may
maintain
schools of
agriculture and
horticulture.
Chap. 185 An Act to authorize cities to maintain schools of
AGRICULTURE AND HORTICULTURE.
Be it enacted, etc., as follows:
Section 1 . Any city which accepts the provisions of this
act may establish and maintain schools for instructing fam-
ilies and individuals by means of day, part-time or evening
classes in gardening, fruit growing, floriculture, poultry
keeping, animal husbandry, and other branches of agriculture
and horticulture. The location and organization of the
said schools, and the instruction given therein shall be
subject to the approval of the board of education.
Section 2. After the acceptance of this act by any city
and before further action hereunder is taken, the school
committee shall cause to be circulated a description of the
purposes and scope of the instruction to be given hereunder
with a request for applications from those desiring such
instruction.
Section 3. The city council or other board or officer
having power to take land for school purposes in any city
which accepts the provisions of this act may, in conformity
with the provisions of general law relative to the taking of
land by municipalities, take in fee any land in said city not
already appropriated to public uses for the purpose of main-
taining a school hereunder, or may lease or purchase in fee
any land, either within or without the city limits, for the
said purpose. The school committee of the city may erect
suitable buildings upon the land so acquired, and may make
provision, on terms that will not involve loss to the city, for
the use of plots of ground and for the temporary housing of
Description of
purposes, etc.,
to be circulated.
City council
may take land,
etc.
School com-
mittee to erect
suitable build-
ings, etc.
YES.
NO.
General Acts, 1916. — Chap. 186. 165
those attending the school, and complying with its regula-
tions, who have not access to other land suitable for giving
proper effect to the instruction of the school.
Section 4. This act shall be submitted to the voters in Act to be
the several cities of the commonwealth at the next annual voters at next
state election for their acceptance or rejection, and shall ^ ^ ^ ^ ^^ '°"'
take effect in any city if a majority of the voters of that
city voting thereon shall vote in the affirmative. The
act shall be submitted in the form of the following question
to be placed upon the official ballot: "Shall an act, passed
by the general court in the year nineteen hundred and six-
teen, to authorize cities to maintain schools of agriculture
and horticulture and to make provision, in
certain instances, for the temporary housing of
persons attending the school, be accepted?"
Approved May 9, WW.
An Act to authorize the metropolitan park commis- (Jjidjy igQ
SION TO improve CERTAIN LANDS GIVEN TO THE COMMON-
WEALTH BY THE TOWN OF ARLINGTON.
Be it enacted, etc., as follows:
Section 1. In order to improve for parkway purposes Metropoi-
the land given to the commonwealth by the town of Arlington commLion
under authority of chapter one hundred and eighty-eight ^rtLiS^Ws^
of the Special Acts of the year nineteen hundred and fifteen, nw^^JSlh
the metropolitan park commission is hereby authorized to Ariin^ton^
expend the sum of twenty thousand dollars.
Section 2. To meet expenditures made under authority Metropolitan
of this act, the treasurer and receiver general, with the ap- series Two.'
proval of the governor and council, shall issue bonds or
certificates of indebtedness to the amount of twenty thou-
sand dollars as an addition to the IMetropolitan Parks Loan,
Series Two. Such bonds or scrip shall be issued in such
amounts and upon such terms, and shall bear such rate of
interest not exceeding four per cent per annum, payable
semi-annually, and shall be paid serially in such amounts
and at such times within a period not exceeding forty years
as shall be determined by the treasurer and receiver general,
with the approval of the governor and council, to be for the
best interests of the commonwealth.
Approved May 0, 1016.
166 General Acts, 1916. — Chap. 187.
Chap. 187 An Act to PRovroE punishment for attempted escapes
FROM THE PRISON CAMP AND HOSPITAL.
Be it enacted, etc., as Jolloics:
1904, 243, §2, Section 1. Section two of chapter two hundred and
forty-three of the acts of the year nineteen hundred and
four is hereby amended by inserting after the word " escapes ",
in the first line, the words : — or attempts to escape, — by
inserting after the word "camp", in the second line, the
words : — now known as the prison camp and hospital, — by
inserting after the word "thereto", in the third line, the
words: — or therefrom, or while employed therein, — by
inserting after the word "escape", in the fifth line, the
words: — or attempt to escape, — and by striking out the
words "state farm", in the last line, and inserting in place
thereof the words : — institution to which he was originally
sentenced for not less than one year nor more than five
years. The expense of supporting such prisoner shall be
paid by the institution to which he is sentenced and the
expense of committing him shall be paid by the prison
Punishment for camp and hospital, — so as to read as follows : — Section 2.
attempted •• i ^ j_ i_ j_ p l^
escapes from A prisoncr wlio cscapcs, or attempts to escape, irom the
and'hos''pHah land or buildings of said camp, now known as the prison
camp and hospital, or from the custody of an officer while
being conveyed thereto, or therefrom, or while employed
therein, may be pursued and re-captured; and upon com-
plaint before any district court or trial justice may be
punished for such escape, or attempt to escape, by a sentence
of imprisonment at the institution to which he was originally
sentenced for not less than one year nor more than five
years. The expense of supporting such prisoner shall be
paid by the institution to which he is sentenced and the
expense of committing him shall be paid by the prison
camp and hospital.
Section 2. This act shall take effect upon its passage.
{The foregoing ivas laid before the governor on the third day
of May, 1916, and after five days it had "the force of a law",
as prescribed by the constitidion, as it was not returned by
him with his objections thereto within that time.)
General Acts, 1916. — Chaps. 188, 189. 167
An Act to authorize the granting of temporary Chap. ISS
LICENSES TO SELL CERTAIN ARTICLES FOR CHARITABLE
PURPOSES.
Be it enacted, etc., as follmvs:
Section 1. The overseers of the poor in any city and HcJ^s^es'^may
the board of selectmen in any town may under such con- g|ifpgrta1a*°
ditions as they may deem proper, grant to any organization articles for
engaged exclusively in charitable work a special license purposes,
authorizing it upon a particular day and for a charitable
purpose named in such license, to sell through its accredited
agents in the streets and other public places within such city
or town, or in any designated part thereof, flags, badges,
medals, buttons, flowers, souvenirs and similar small articles :
provided, that no person under sixteen years of age shall be Proviso.
accredited as such agent, that each agent shall wear in
plain sight while engaged in selling such articles a badge,
provided by such organization and approved by the au-
thority issuing the license, bearing upon it the name of such
organization and the date on which the license is to be
exercised, and that no such agent shall be authorized to
make or attempt to make such sales in front of any private
premises against the objection of the owner or occupant
thereof. The exercise of the licenses hereby provided for
shall be subject to the provisions of all statutes, ordinances,
by-laws, rules and regulations hot inconsistent herewith.
Section 2. This act shall take effect upon its passage.
Approved May 10, 1916.
An Act relative to the standard of vinegar and to (J}iar> 189
THE SALE THEREOF.
Be it enacted, etc., as folloivs:
Section sixty-seven of chapter fifty-seven of the Revised ^g^dld *"''
Laws, as amended by section two of chapter six hundred
of the acts of the year nineteen hundred and eleven and by
section one of chapter two hundred and thirty-nine of the
General Acts of the year nineteen hundred and fifteen, is
hereby further amended by striking out the words "and
one half per cent, by weight", in the third line, and insert-
ing in place thereof the word : — grams, — by striking out the
word "absolute", in the same line, by inserting after the
word "acid", in the fourth Hne, the words: — in one hun-
168
General Acts, 1916. — Chap. 190.
Standard of
vinegar
established,
etc.
Solids, etc.,
of vinegar not
a basis for
payment, etc.
dred cubic centimeters of the vinegar, — by striking out the
word "eight", in the fifth hue, and inserting in place thereof
the word: — six, — by striking out the words "per cent by
weight", in the same Hne, and inserting in place thereof the
word: — grams, — and by inserting after the word "sohds",
in the sixth Hne, the words : — in one hundred cubic centi-
meters of the cider vinegar, — so as to read as follows : —
Section 67. Vinegar shall contain no added or artificial
coloring matter, and shall contain not less than four grams
of acetic acid in one hundred cubic centimeters of the vinegar.
Cider vinegar shall in addition contain not less than one
and six tenths grams of cider vinegar solids in one hundred
cubic centimeters of the cider vinegar. If vinegar contains
any added or artificial coloring matter, or less than the
required amount of acidity, or if cider vinegar contains less
than the required amount of acidity or of cider vinegar
solids, it shall be deemed to be adulterated. The commis-
sioner of health shall determine or cause to be determined,
from time to time, analytical methods for the estimation
of solids and of acetic acid in vinegar, and said methods
shall be published in the monthly bulletin of the state de-
partment of health. No persons shall estimate the solids
or the acetic acid content of A'inegar for determining the
composition or value of said vinegar as a basis for pay-
ment in buying or in selling, or for the purpose of inspection,
by methods other than those published as herein described.
Approved May 10, lOlG.
Cities may
establish boards
of survey.
Chap. 1^0 An Act to authorize cities to establish boards of
SURVEY.
Be it enacted, etc., as follows:
Section 1. The mayor of a city, with the approval of
the city council or of the board of aldermen, as the case
may be, may, in the month of January in any year, appoint
three citizens who shall constitute a board of survey for the
city. Of the members first appointed one shall serve for
the term of one year, one for the term of two years, and
one for the term of three years from the first day of Febru-
ary succeeding the date of their appointment, and there-
after, in the month of January, in each year, one member of
said board shall be appointed to serve for the term of three
years from the first day of February succeeding the date of
his appointment, or until the appointment and qualification
General Acts, 1916. — Chap. 190. 169
of his successor. In case of any vacancy in the board a vacancy,
citizen shall be appointed in the manner provided herein
to serve for the remainder of his predecessor's term of office.
The city engineer shall act as clerk of the board. The Compensation.
compensation of the members of the board shall be fixed by
the city council or the board of aldermen as the case may be
subject to the approval of the mayor.
Section 2. Any person, firm or corporation proposing to Plans of
lay out, locate, relocate or construct for public use, any pdvate streets,
private street or way in a city after the establishment therein submitted.
of a board of survey under the provisions hereof shall, before
opening such street or way for public use, submit to said
board suitable plans and profiles of the street or way, so
prepared as to show also the method of drainage of the
adjacent or contiguous territory, all in accordance with
such rules and regulations as the board may prescribe.
Upon the receipt of the said plans, with a petition for their Public hearing.
approval, the board shall give a public hearing thereon after
giving notice of the same by publication once in each of two
successive weeks in a newspaper published in the city, the
last publication to be at least two days before the hearing;
and after the hearing, the board may alter such plans and
may determine where such streets or ways shall be located
and the width and grades thereof, and shall so designate
on said plans. The plans, as approved or modified by the
board, shall then be signed by the members of the board,
or by a majority of them, and filed in the oflSce of the city
engineer who shall attest thereon the date of filing; and
thereafter no street or way in the territory to which the
plans relate shall be laid out or constructed except in accord-
ance therewith, or with such further plans as may subse-
quently be approved by the board.
Section 3. The board of survey may, and upon the Board may
vote of the local planning board and the city council or p^^p'*''® p *''^'
board of aldermen shall, from time to time cause to be made
by the city engineer, under its direction, plans of such terri-
tory or sections of lands in the city as the board of survey
or the said planning board may deem necessary, showing
thereon the location of such streets or ways, whether al-
ready laid out or not, as, in the opinion of the board, the
interest of the public may or will require in such territory,
showing clearly the direction, width and grades of each
street or way, and a plan of drainage, and said board may
incur such expenses as it may deem necessary therefor, not
170
General Acts, 1916. — Chap. 190.
Public hearing.
May make
changes in
plans, etc.
Proviso.
Powers of city
government not
to be abridged,
escept, etc.
Certain private
ways not to
have public
conveniences,
etc.
Proviso.
exceeding the amount of money appropriated by the city
for the purpose. Before causing such plans to be made the
board shall give a public hearing thereon, which shall be
advertised in the same manner as the hearing required in
section two, and shall, after the making of any such plan,
give a hearing thereon, advertised in like manner, and keep
the plan open to public inspection for one month after the
first advertisement of the hearing. After the hearing, and
after any alterations deemed necessary by said board have
been made therein, the same shall be approved, signed,
marked, filed and attested as provided in respect to the
plans mentioned in section two of this act.
Section 4. The board of survey may from time to time
make a new plan or plans to take the place of any plans that
may be filed in accordance with the provisions of sections
two and three of this act, or may make changes on any
plan or plans so filed: yrovided, hmvever, that any action
involving new plans or changes in plans already duly at-
tested and filed shall be made only after the notice and
hearing, and in all other respects, in the manner specified
in section two; and the last plan so made, or the plan with
the changes last made thereon and duly attested and filed,
shall be the official plan governing the future development
of the territory affected.
Section 5. The powers of th.e city government in regard
to highways shall not be abridged by this act in any manner,
except as provided in this section, and the powers conferred
by this act shall be in addition to the powers now possessed
by them. No street or way in the city, shown on any plan
filed as aforesaid, shall hereafter be laid out, located anew,
altered or widened, and no such street or way whether
already or hereafter laid out, shall be constructed by any
public authority except in accordance with any plan that
may have been duly attested and recorded under the pro-
visions of this act. If any person or corporation shall here-
after open for public travel any private way, the location,
direction, width, grades and plan of drainage of which have
not previously been approved in writing by the board of
survey in the manner provided in this act, then neither the
city nor any other public authority shall place any public
sewer, drain, water pipe or light in, or do any public con-
struction work of any kind, or make repairs, on such private
way: yrovided, hoivever, that the provisions of this act shall
not prevent the laying of a trunk sewer, drain, water or gas
General Acts, 1916. — Chap. 191. 171
main if the same be required by engineering necessities for
the accommodation of other territory.
Section 6. The city may from time to time appropriate Appropriations.
sums of money to be expended by the board of survey in
carrying out the provisions of this act; but no expenditures
shall be made in excess of such appropriations.
Section 7. Said board of survey, its officers and agents, Examinations
may, so far as they deem it necessary in carrying out the
provisions of this act, enter upon any lands and there make
examinations and surveys, and place and maintain monu-
ments and marks.
Section 8. This act shall not be construed to author- Act, how
ize the taking or condemnation of land, nor to authorize a '^""^ ^^^
cit}' to lay out or construct any way which may be located
on any official plan until such way has been laid out as a
highway under such other provisions of law as may be
applicable; nor shall this act be construed to render a city
liable for damages except such damages as may be sus-
tained under the provisions of section four by reason of the
making and filing of any new plan or plans or by reason of
changes made in any official plan already duly attested and
filed, and for such damages as may be sustained by reason
of the acts of the board of survey, its officers and agents
under the provisions of section seven. Any person who Settlement
fails to agree with the city as to the amount of damages °^ an^ageg.
sustained by him may on application at any time within
one year after such entry or act complained of have such
damages assessed and determined in the manner provided
by law in the case of land taken for the laying out of high-
ways.
Section 9. This act shall take full effect in any city Act to be
upon its acceptance by the affirmative vote of a majority city council,
of the members of the city council or the board of aldermen,
as the case may be, present and voting thereon. But so
much thereof as authorizes its submission to the city council
or board of aldermen shall take eftect upon its passage.
Aiyproved May 10, 1916.
An Act relative to the burial of indigent soldiers, Qhn^ 191
their wives, widows or dependent mothers.
Be it enacted, etc., as follows:
Section seventeen of chapter five hundred and eighty-seven i9i4, ss?, § 17,
of the acts of the year nineteen hundred and fourteen is '*™'^^ ^ "
172
General Acts, 1916. — Chap. 191.
Burial of
indigent
soldiers, their
wives, widows
or dependent
mothers.
Application
made after
interment,
certification
by burial
asent.
hereby amended by inserting after the word "Spain", in
the ninth hne, the words: — or the PhiHppine insurrection,
— by inserting after the word "February", in the tenth
Hne, the words: — in the year eighteen hundred and ninety-
eight, — by striking out the word "twelfth", in the same
line, and inserting in place thereof the word: — fourth, —
by striking out the words "of August in the year eighteen
hundred and ninety-eight", in the eleventh line, and in-
serting in place thereof the words: — of July in the year
nineteen hundred and two, — by inserting after the word
"war", in the twentieth line, the words: — or the Philippine
insurrection, — and by striking out the word "one", in the
twenty-second line, and inserting in place thereof the word:
— ten, — so as to read as follows: — Section 17. The
mayor of each city and the selectmen of each town or, in
Boston, the soldiers' relief commissioner, shall designate a
burial agent, who shall not be one of the overseers of the
poor or be employed by them, and who shall, under regula-
tions established by the commissioner of state aid, cause
properly to be interred the body of any honorably discharged
soldier, sailor or marine who served in the army or navy of
the United States during the war of the rebellion, or during
the war between the United States and Spain, or the Philip-
pine insurrection, after the fourteenth day of February, in
the year eighteen hundred and ninety-eight, and prior to
the fourth day of July in the year nineteen hundred and
two, and the body of his wife, widow or dependent mother,
and the bodies of such army nurses as are entitled to state
aid under section three of this act, if they die without sufficient
means to defray funeral expenses; but no wife or widow of
any soldier, sailor or marine of the civil war shall be entitled
to the benefits of this section unless she was married to him
prior to the twenty-seventh day of June in the year eighteen
hundred and ninety, and no wife or widow of any soldier,
sailor or marine of the Spanish war, or the Pliilippine in-
surrection, unless she was married to him prior to the first
day of January in the year nineteen hundred and ten. If
an interment has taken place without the knowledge of the
burial agent, application may be made to him within thirty
days after the date of the death, and if upon investigation
he shall find that the deceased was within the provisions of
this section and the rules of the commissioner of state aid,
he may certify the same as provided in the following section.
Ay'proved May 10, 1916.
General Acts, 1916. — Chap. 192. 173
An Act relative to the investment of funds of the QJkxj) 192
comimonw^ealth.
Be it enacted, etc., as follows:
Section 1. Funds over which the commonwealth has investment of
exclusive control shall be invested by the treasurer and monweaith!"'
receiver general, with the approval of the governor and
council, as follows:
a. In securities of the commonwealth, in the notes or in certain
1 1 n ,1 1 J.' •±' J J. J.1 J! securities, notes,
bonds or the several counties, cities, and towns thereot, bonds, etc
or in the bonds or notes of any incorporated district in this
commonwealth whose net indebtedness at the time of pur-
chase does not exceed five per cent of the last preceding
valuation of the property therein for the assessment of
taxes; or in the notes of any corporation established within
this commonwealth to become due within a period not ex-
ceeding one year, if secured by a pledge of bonds of the
United States or of this commonwealth of at least an equal
value estimating them at not more than eighty-five per
cent of their market value.
b. In the public funds of the United States, or of any of ^ubUc^fLnds
the New England states.
c. In the bonds or notes of any city of INIaine, New Hamp- in bonds, etc.,
shire, Vermont, Rhode Island or Connecticut, whose net certain^tates.
indebtedness does not exceed five per cent of the last pre-
ceding valuation of the property therein for the assessment
of taxes; or of any county or town of said states whose net
indebtedness does not exceed three per cent of such valua-
tion; or of any incorporated water district of said states
which has within its limits more than five thousand in-
habitants, and whose bonds or notes are a direct obligation
on all the taxable property of the district, and whose net
indebtedness does not exceed three per cent of such valua-
tion.
d. In the legally authorized bonds of the states of New in certain
York, Pennsylvania, Ohio, Indiana, Illinois, Michigan, izfd bonds, etc.
Wisconsin, Minnesota, Missouri and Iowa, and of the
District of Columbia, and in the legally authorized bonds
for municipal purposes, and in the refunding bonds issued
to take up at maturity bonds which have been issued for
other than municipal purposes, but on which the interest
has been fully paid, of any city of the aforesaid states which
has, at the date of such investment, more than thirty thou-
174
General Acts, 1916. — Chap. 193.
&afi?author- ^^^^ inhabitants, as established by the last national or
ized bonds, etc. state census, or city census certified to by the city clerk or
treasurer of the city and taken in the same manner as a
national or state census, preceding such investment, and
whose net indebtedness does not exceed five per cent of
the valuation of the taxable property therein, to be, ascer-
tained by the last preceding valuation of property therein
for the assessment of taxes; and of any cit}' of the aforesaid
states or of any of the New England states or of the states
of Maryland and Kentucky, which has at the date of such
investment more than two hundred thousand inhabitants,
established as aforesaid, and whose net indebtedness does
not exceed seven per cent of the valuation of the taxable
property therein, established and ascertained as above
provided.
In subdivisions c and d of this clause the words "net
indebtedness" shall mean the indebtedness of a county,
city, town or district other than debts created for supplying
the inhabitants with water and debts created in anticipation
of taxes to be paid \^^thin one year, and deducting the
amount of sinking funds available for the payment of the
indebtedness included.
Section 2. Section sixty-five of chapter six of the
Revised Laws is hereby repealed.
Section 3. This act shall take effect upon its passage.
Approved May 11, 1916.
" Net indebt-
edness "jterm
defined.
Repeal.
CAap. 193 An Act to authorize the board of commissioners on
FISHERIES AND GAME TO LEASE OYSTER POND IN THE
COUNTY OF DUKES COUNTY.
Be it enhcted, etc., as jolhics:
Board of Section 1. The board of commissioners on fisheries and
commissioners .. p. . •^^ • j_ i
on fisheries and game, or a majority or them, may, at any tune witnm twenty
o:^tCTVond in years after the passage of this act, in the name of the com-
Dukes County. j^Q^wcalth, Icasc the pond known as Oyster pond, in the
county of Dukes County, and any of the arms, coves and
bays thereof, for the purpose of cultivating useful fish, for
such periods of time, within the said twenty years, and on
such terms and conditions as they may deem to be for the
public interest, but only after a hearing upon an application
for such a lease, the time and place of which shall have been
published in all the towns within whose limits any part
General Acts, 1916. — Chaps. 194, 195. 175
of said pond lies: provided, that nothing herein shall be con- Proviso,
strued to affect the right of any citizen of the commonwealth
to take fish in said pond or the waters connected therewith,
by hook and line, in conformity with law.
Section 2. Any of said towns may become a lessee Any town may
hereunder and appropriate such sums as may be required ^"°™^
therefor.
Section 3. For the purposes of this act the board may Limits ot pond
define the limits of the said pond, and the arms, coves and recorded, etc'
bays thereof, and when a statement of its limits so defined
is recorded in the registry of deeds for said county, they
shall be deemed to be the legal limits thereof. The board
shall have custody of all leases made hereunder, and may,
in behalf of the commonwealth, exercise all the rights and
shall have all the remedies available to lessors of real estate.
Section 4. This act shall take effect upon its passage.
Approved May 11, 1916.
Chap. 1^4:
An Act reLu\tive to the powers and duties of the
supervisor of loan agencies.
Be it enacted, etc., as follows:
Section 1. The supervisor of loan agencies is hereby supervisor of
authorized to employ an accountant and such clerical mayempio^
assistants as may be necessary to tabulate and arrange the an accountant,
reports received at his office, to prepare and maintain a card
index of borrowers, and to do such other work as may be
necessary for the more efficient conduct of his office and for
a better supervision of small loans.
Section 2. For the above purposes, the supervisor of Expenditures.
loan agencies is hereby authorized to expend, annually,
such sum as may be necessary, not exceeding the amount
appropriated by the general court.
Section 3. This act shall take effect upon its passage.
Approved May 11, 1916.
An Act to provide for a second assistant clerk of the (^Jiq^t) 195
municipal court of the charlestown district of the
city of boston.
Be it enacted, etc., as follows:
Section 1. There shall be a second assistant clerk of ^l^^^^^^
the municipal court of the Charlestown district of the city cierk of
*^ CharlestowQ
176
General Acts, 1916. — Chap. 196.
municipal of Bostoii, whose Salary shall be twelve hundred dollars a
■ year, to be paid by the county of Suffolk.
Section 2. This act shall take effect upon its passage.
Apyromd May 11, 191G.
of certain
official bonds
0/^025.196 An Act relative to the security of official bonds
requiring the approval or examination of the
treasurer and RECEIVER GENERAL.
Be it enacted, etc., as follows:
Sc.^ameJded. SECTION 1. Sectiou sixtccn of chapter eighteen of the
Revised Laws, as amended by chapter two hundred and
ninety-five of the acts of the year nineteen hundred and
four, is hereby further amended by adding at the end thereof
the following: — All bonds requiring the approval of the
treasurer and receiver general and all bonds requiring his
examination as to their sufficiency shall hereafter, in cases
in which he deems it necessary, be secured by a surety
company approved by the insurance commissioner, — so as
Examination of to read as follows: — Scctlou 16'. Every public official who
has the custody of any bond for the faithful performance of
the duties of any office, occupation, agency or trust, which
requires the approval of any court, public officer or board
other than the governor and council, shall, except in those
cases where the duty is imposed upon the controller of
county accounts, annually in March examine into the
sufficiency of every such bond, and shall, whenever at any
other time there is reason to believe that any such bond has
become insufficient, examine into its sufficiency. All acts
requiring examination as to the sufficiency of any such
bonds by the supreme judicial court or the superior court,
or by any justice of either of said courts, are hereby repealed.
The governor shall appoint a committee of the council which
shall annually in INIarch make such examination of bonds
which are required to be approved by the governor or by
the governor and council. If a bond is found upon such
examination to be insufficient, the person or persons who
have examined it shall forthwith notify the obligor thereof
and shall require him, within thirty days after the date of
such notice, to file a new bond in conformity with law such
as is required before entering upon the performance of the
Security when dutics of such officc, occupatiou, agcncy or trust. All bonds
by^trelaurer"" requiring the approval of the treasurer and receiver general
generdf*''^'^ and all bonds requiring his examination as to their suffi-
Repeal.
General Acts, 1916. — Chap. 197. 177
ciency shall hereafter, in cases in which he deems it neces-
sary, be secured by a surety company approved by the in-
surance commissioner.
Section 2. This act shall take effect upon its passage.
A]jproved May 11, 1916.
An Act to promote the building and use of tubercu- Qhav 197
LOSIS HOSPITALS IN CITIES AND TOWNS.
Be it enacted, etc., as foUo7vs:
Section 1. Chapter five hundred and ninetv-seven of 1^11.597, §i
1 PI • 11111 " 11 ^^'^■' amended.
the acts of the year nmeteen hundred and eleven, as amended
in section one by section one of chapter six hundred and
thirty-seven of the acts of the year nineteen hundred and
twelve and by chapter fifty-seven of the General Acts of
the year nineteen hundred and sixteen, is hereby further
amended by striking out said section one and inserting in
place thereof the following: — Section 1. Every city or subsidy to be
town which places its patients suffering from tuberculosis and^towMfor
in a municipal or incorporated tuberculosis hospital in this tube^urar''^
commonwealth, or in a building or ward set apart for patients pat'enta. etc.
suffering from tuberculosis by a municipal or incorporated
hospital in this commonwealth, shall be entitled to receive
from the commonwealth a subsidy of five dollars a week for
each patient who is unable to pay for his support, or whose
kindred bound by law to maintain him are unable to pay
for the same; but a city or town shall not become entitled
to this subsidy unless, upon examination authorized by the
trustees of hospitals for consumptives, the sputum of such
patient be found to contain bacilli of tuberculosis, nor unless
the hospital building or ward be approved by said trustees,
who shall not give such approval unless they have by au-
thority of law, or by permission of the hospital, full authority
to inspect the same at all times. Said trustees may at any
time withdraw their approval. In the case of those hospitals
having a bed capacity which, in the judgment of the said
trustees, is in excess of the number of beds needed for patients
exhibiting tubercle bacilli in their sputum, in the localities
which these institutions serve, the subsidy above provided
for shall be allowed for such patients not exhibiting tubercle
bacilli in their sputum as, in the joint opinion of the superin-
tendent of the institution and of the state district health
officer of the district in which the hospital is situated, are
bona fide cases of consumption and have been in the institu-
178
General Acts, 1916. — Chap. 198.
Approval of
claims for
subsidy.
tion more than thirty days. Said trustees shall not approve
claims for subsidy hereunder for more than thirty days prior
to the date when notice is mailed to them that a subsidy
in any given case is claimed.
Section 2. This act shall take effect upon its passage.
Approved May 11, 1916.
1908, 590, § 56,
amended.
Unclaimed
deposits in
savings banks
to be paid to
the treasurer
and receiver
general.
C/iap.l98 An Act relative to unclaimed deposits in savings
BANKS.
Be it enacted, etc., as jolloivs:
Chapter five hundred and ninety of the acts of the year
nineteen hundred and eight is hereby amended by striking
out section fifty-six and inserting in place thereof the follow-
ing: — Section 56. The probate court shall, upon the ap-
plication of the attorney-general and after public notice,
order and decree that all amounts of money heretofore or
hereafter deposited with any savings bank or trust company
which shall have remained unclaimed for more than thirty
years and which are credited to depositors who cannot be
found and who have not made a deposit on account of the
same and have not withdrawn any part of the principal or
interest thereof, and on whose pass book the interest has
not been added for a period of thirty years, and for which
no claimant is known, shall, with the increase and proceeds
thereof, be paid to the treasurer and receiver general to be
held subject to be repaid to the person establishing a lawful
right thereto, in accordance with chapter one hundred and
thirty of the acts of the year nineteen hundred and thirteen,
with interest at the rate of three per cent per annum from
the time when it was so paid to the treasurer and receiver
general to the time when it is paid by him to such person:
provided, however, that after six years from the date when
such proceeds were paid to the treasurer and receiver general
the same may be used as a part of the ordinary revenue of
the state. Nothing herein contained, however, shall prevent
any person from establishing his claim at any time after
the expiration of the six years above mentioned, and any
claims established after more than six years from the date
of payment to the treasurer and receiver general shall be
paid from the ordinary revenue of the commonwealth.
Approved May 11, 1916.
Proviso.
General Acts, 1916. — Chaps. 199, 200. 179
An Act relative to the regulation of the business or Chap. 199
INSTALLING WIRES OR APPARATUS FOR ELECTRIC LIGHT,
HEAT OR POWER PURPOSES.
Be it enacted, etc., as jolloivsr
Section 1. The action of the board of gas and electric certain mies
H-t . .. • ^ j^' 1 1 • ,p of board of gas
ght commissioners m adopting rules and requirements tor and electric
the business of installing wires, conduits, apparatus, fixtures silnlrs^'^ItMed
or other appliances for carrying or using electricity for and confirmed.
light, heat or power purposes, under the provisions of section
four of chapter two hundred and ninety-six of the General
Acts of the year nineteen hundred and fifteen, is hereby
ratified and confirmed.
Section 2. Chapter two hundred and ninety-six of the i9i5, 296(G),
General Acts of the year nineteen hundred and fifteen is ' ^^^^
hereby amended by striking out section four and inserting
in place thereof the following: — Section Jj.. No certificates Certificates of
issued under the provisions of this act to either master or dStdda^not
journeyman shall be assignable or transferable. Said cer- trana^er^aCie!^
tificates may, after a hearing, be suspended or revoked by
the board of examiners upon failure or refusal of the licensee
to comply with the rules and requirements of said business
as set forth by said examiners, or for other sufficient cause.
Section 3. The provisions of this act, so far as they Act, how
are the same as those of existing statutes shall be construed
as a continuation thereof and not as a new enactment.
Section 4. This act shall take effect upon its passage.
ApjJraved May 12, 1916.
An Act relative to workmen's compensation and Chap. 200
liability insurance.
Be it enacted, etc., a^ follows:
Section 1. Any mutual liability company authorized to Mutual
do business in this commonwealth may, with the approval company may
of the insurance commissioner, have and exercise any or all workmen's
of the rights, powers and privileges relating to the transaction insurance* '°°
of the business of workmen's compensation insurance by business.
law vested in or conferred upon the INIassachusetts Em-
ployees Insurance Association.
Section 2. The IVIassachusetts Employees Insurance Massachusetts
Association may with the approval of the insurance com- in'^uranre*
missioner have and exercise, within or without the common- |ve°n certain
rights, etc.
180 General Acts, 1916. — Chaps. 201, 202.
wealth, all of the rights, powers and privileges vested in or
conferred upon domestic mutual liability companies under
general laws, and shall be subject to all the laws now or here-
after in force relating to such companies.
Section 3. This act shall take effect upon its passage.
Aijproved May 12, 1916.
Chap. 201 An Act to provide for the instruction of the adult
BLIND AT THEIR HOMES.
Be it enacted, etc., as follows:
^j^*,^uv°5°! Section 1. The Massachusetts commission for the blind
adult blind at • i c i- • pi iiii-i i-
their homes. may providc tor the mstruction or the adult blmd at their
homes. The commission may expend annually for this
purpose not more than six thousand dollars and shall include
with its other estimates of needed appropriations a detailed
estimate of the proposed expenditures.
Repeal. Section 2. Chapter two hundred and ninety-seven of
the acts of the year nineteen hundred and two is hereby
repealed.
Section 3. This act shall take effect upon its passage.
Approved May 12, 1916.
Chap. 202 An Act to authorize the Massachusetts highway com-
mission TO IMPROVE THE RIVER ROAD IN THE TOWN OF
SOUTHBRIDGE.
Be it enacted, etc., as follows:
Massachusetts Section 1. The Massachusctts highway commission is
commission hcrcby authorized to expend during the present year the
Riv'erro^a'dTn sum of fifteen thousand dollars in the construction or im-
southbridge. provement of the highway called the River Road in the
town of Southbridge, between the Dudley line and the
village of Saundersdale. Of the expense so authorized the
sum of ten thousand dollars is to be paid out of the treasury
of the commonwealth, and five thousand dollars by the
town of Southbridge into the treasury of the commonwealth
before the work is begun. Neither said way nor any part
thereof shall thereby become a state highway, but the way
shall be maintained and kept in good repair by the town of
Act, how Southbridge. This act shall not be construed as prohibiting
the laying out and construction of said way or any part
thereof as a state highway under the laws applicable thereto
General Acts, 1916. — Chap. 203. 181
whenever said commission shall deem it expedient so to
do. Any unexpended balance of the sum hereby authorized
to be expended may be used in the succeeding year for the
same purpose.
Section 2. This act shall take effect upon its passage.
Approved May 12, 1916.
An Act to PRovroE further for the improvement by C hap. 20S
THE MASSACHUSETTS HIGHWAY COMMISSION OF A STATE
HIGHWAY IN THE TOW^NS OF DRACUT AND METHUEN.
Be it enacted, etc., as follows:
Section 1. The Massachusetts highway commission is Massachusetts
hereby directed further to construct and improve the state comm'Lionto
highway known as the Black North Route, from Lowell to stltlTighway''^
Lawrence in the towns of Dracut and Methuen, beginning Methuen! '^°*^
at the junction of Broadway and Arlington street in the
town of Dracut and continuing by Broadway and Arlington
street in the town of Dracut and thence by Broadway and
North Lowell street in the town of Methuen, and to expend
therefor a sum not exceeding ten thousand dollars.
Section 2. For the purpose of meeting the expenditures state Highway
hereby authorized, the treasurer and receiver general is
hereby empowered, with the approval of the governor and
council, to issue bonds or certificates of indebtedness to an
amount not exceeding ten thousand dollars, for a term
not exceeding fifteen years. Such bonds or certificates of
indebtedness shall be issued as registered bonds, or with
interest coupons attached, at a rate not exceeding four per
cent per annum, payable semi-annually. They shall be
designated on their face, State Highway Loan, shall be
countersigned by the governor, and shall be deemed a pledge
of the faith and credit of the commonwealth; and the
principal and interest thereof shall be paid at the time
specified therein in gold coin of the United States or its
equivalent. They shall be sold at public auction, or dis-
posed of in such other manner, at such times and prices, in
such amounts and at such rates of interest, not exceeding
the rate above specified, as shall be deemed best.
Section 3. This act shall take effect upon its passage.
Approved May 12, 1916.
182
General Acts, 1916. — Chap. 204.
Massachusetts
highway
commission
may construct
highway from
Norton to
Taunton.
Chap. 204: An Act to provide for the construction of a highway
FROM THE TOWN OF NORTON TO THE CITY OF TAUNTON.
Be it enacted, etc., as folloivs:
Section 1. The Massachusetts highway commission is
hereby authorized to expend during the present year the
sum of eight thousand dollars, in addition to the amount
appropriated for the same purpose by chapter two hundred
and thirty of the General Acts of the year nineteen hundred
and fifteen, for the construction of a highway from the town
of Norton to the city of Taunton over what is deemed by
said commission to be the best route. Neither said way
nor any part thereof shall thereby become a state highway,
and the way shall be maintained and kept in repair by the
municipalities in which it is situated. This act shall not be
construed as prohibiting the laying out and construction
of said way, or any part thereof, as a state highway under
the laws applicable thereto whenever the Massachusetts
highway commission shall deem it expedient so to do. Any
unexpended balance of the sum hereby authorized to be
expended may be used in the succeeding year for the same
purpose.
Section 2. For the purpose of meeting the expenditures
hereby authorized, the treasurer and receiver general is
hereby empowered, with the approval of the governor and
council, to issue bonds or certificates of indebtedness to an
amount not exceeding eight thousand dollars, for a term
not exceeding fifteen years. Such bonds or certificates of
indebtedness shall be issued as registered bonds, or with
interest coupons attached, and shall bear interest at a rate
not exceeding four per cent per annum, payable semi-
annually. They shall be designated on their face. State
Highway Loan, shall be countersigned by the governor and
shall be deemed a pledge of the faith and credit of the com-
monwealth; and the principal and interest thereof shall be
paid at the time specified therein in gold coin of the United
States or its equivalent. They shall be sold at public auction,
or disposed of in such other manner, at such times and
prices, in such amounts and at such rates of interest, not ex-
ceeding the rate above specified, as shall be deemed best.
Section 3. This act shall take effect upon its passage.
Ayyroved May 12, 1916.
State Highway
Loan.
General Acts, 1916. — Chaps. 205, 206. 183
An Act to provide for the improvement by the massa- (JJiaj) 205
CHUSETTS HIGHWAY COMXHSSION OF A HIGHWAY IN THE
TOWNS OF PLYIVIOUTH AND BOURNE.
Be it enacted, etc., as follows:
Section 1. The ]\Jassachiisetts highway commission is Massachusetts
hereby authorized to expend during the present year the commission
sum of ten thousand dollars in the construction or improve- highwTy i^^
ment of a highway between a point near the stores of Costello ElfuTn".*^ ^^^
and Swift in the town of Plymouth and a point near the
house of George Starbuck in Bournedale village in the town
of Bourne over what is deemed by said commission to be the
best route. Of the expense so authorized the sum of five Apportionment
thousand dollars is to be paid out of the treasury of the ° ^^p®"^®-
commonwealth, and the sum of five thousand dollars is
to be equally divided between the counties of Barnstable
and Plymouth and paid into the treasury of the common-
wealth before the work is begun. Neither said way nor any
part thereof shall thereby become a state highway, and the
way shall be maintained and kept in repair by the towns
in which it is situated. This act shall not be construed as Act, how
prohibiting the laying out and construction of said way, or "^^^ '^^
any part thereof, as a state highway under the laws applicable
thereto whenever the Massachusetts highway commission
shall deem it expedient so to do. Any unexpended balance
of the sum hereby authorized to be expended may be used
in the succeeding year for the same purpose.
Section 2. The county commissioners of the counties County com-
of Barnstable and Plymouth are hereby authorized to raise Say rSs"
by taxation the sum of twenty-five hundred dollars each, ^atwn.^
which is required under the provisions of this act.
Section 3. This act shall take efi^ect upon its passage.
Ajyproved May 12, 1916.
An Act to provide for the improvement by the massa- nhdj^ 206
CHUSETTS HIGHWAY COMMISSION OF A HIGHWAY IN THE
TOWN OF PELHAM.
Be it enacted, etc., as follows:
Section 1. The INIassachusetts highway commission is Massachusetts
hereby authorized to expend during the present year the commk^ion
sum of ten thousand dollars in the construction or improve- highiTy I^^
ment of a highway in the town of Pelham, being the main Peiham.
184 General Acts, 1916. — Chaps. 207, 208.
road leading from Pelham Hill, so-called, to Amherst, be-
ginning at a point near the town hall and extending in a
westerly direction toward the town of Amherst. Neither
said way nor am^ part thereof shall thereby become a state
highway, and the way shall be maintained and kept in
Act, how repair by the town of Pelham. This act shall not be con-
strued as prohibiting the laying out and construction of said
way, or any part thereof, as a state highway under the laws
applicable thereto whenever the IMassachusetts highway
commission shall deem it expedient so to do. Any un-
expended balance of the sum hereby authorized to be ex-
pended may be used in the succeeding year for the same
purpose.
Section 2. This act shall take effect upon its passage.
Approved May 12, 1916.
Chap. 207 An Act to authorize the transfer of a part of the
STATE CAMP GROUND TO THE TOWN OF FRAMINGHAM FOR
THE ERECTION THEREON OF A MILITARY MONUMENT.
Be it enacted, etc., as folloivs:
Transfer of part The govcmor, with the advice and consent of the council,
of state camp • i i i • i i p -n • i
ground to IS hereby authorized to convey to the town or rrammgham,
Framingham. upon such couditions as tlicy may fix, a part of the state
camp ground in the said town for the purpose of providing
a site for the erection and maintenance by said town of a
monument in memory of the soldiers and sailors from INlassa-
chusetts who died from injuries received or illness incurred
in the Spanish war. Approved May 12, 1916.
Chav.20S An Act to regulate the assignment of wages.
Be it enacted, etc., as follows:
1909, 514, § 121. Section 1. Section one hundred and twenty-one of
chapter five hundred and fourteen of the acts of the year
nineteen hundred and nine is hereby amended by adding at
the end thereof the following: — Three fourths of the weekly
earnings or wages of the assignor shall at all times be exempt
from assignment, and no assignment shall be valid which
does not so state on its face. No such assignment shall be
valid when made by a married man unless the written con-
sent of his wife to the making thereof is attached thereto,
Requisites — g^ g^g ^q j.^^^^ jjg f oHows : — Sectioti 121. No assignment
assignment of future wagcs shall be valid for a period exceeding two
of wages. " i o
General Acts, 1916. — Chap. 208. 185
years from the date thereof, nor unless made to secure a
debt contracted prior to or simultaneously with the execu-
tion of said assignment, nor unless executed in writing in the
standard form herein set forth and signed by the assignor
in person and not by attorney, nor unless such assignment
states the date of its execution, the money or the money
value of goods actually furnished by the assignee and the
rate of interest, if any, to be paid thereon. Three fourths Portion exempt,
of the weekly earnings or wages of the assignor shall at all
times be exempt from assignment, and no assignment shall
be valid which does not so state on its face. No such assign- written con-
ment shall be valid when made by a married man unless the ^^"^^ ''^ ^'^*^-
written consent of his wife to the making thereof is attached
thereto.
Section 2. Section one hundred and twenty-four of ^^g'^^g^^j ^ ^^*'
chapter five hundred and fourteen of the acts of the year
nineteen hundred and nine is hereby amended by inserting
after the word "demands", in the seventh line, the words:
— not exempt by law, — and by inserting after the word
"assignment", in the nineteenth and twentieth lines, the
following : — (3) Three fourths of the weekly earnings or
wages, which are dollars, are exempt from
this assignment, — so as to read as follows: — Section 124- Standard form
Said standard form of assignment shall be as follows: —
KNOW ALL MEN BY THESE PRESENTS.
That I, of in the county
of , for a valuable consideration, to me paid
by , of , the re-
ceipt whereof I do hereby acknowledge, do hereby assign
and transfer to said all claims and
demands, not exempt by law [which I now have, and all]
which within a period of from the date
hereof I may and shall have against my present employer,
and against any person whose employ I shall hereafter enter,
[for all sums of money due and] for all sums of money and de-
mands which, at any time within said period may and shall
become due to me, for services as . To have
and to hold the same to the said , his executors,
administrators and assigns, to secure a debt
(1) Of dollars [with interest thereon
from , at the rate of per
cent per annum], for money [or goods] actually furnished by
the assignee amounting to dollars.
186
General Acts, 1916. — Chaps. 209, 210.
Standard form
of assignment.
Act, how
construed.
(2) Contracted prior to the execution of this assignment.
[or contracted simultaneously with the execution of this
assignment.]
(3) Three fourths of the weekly earnings or Wages, which
are dollars, are exempt from
this assignment.
In Witness Whereof, I have set my hand this
day of
Signed and delivered, in presence of h.
m. M. Received and entered in records of assign-
ment of wages in clerk's office of the
of , book ,
page
, Clerk.
Section 3. The provisions of this act shall not be con-
strued to repeal or affect the provisions of section twenty-
two of chapter seven hundred and twenty-seven of the acts
of the year nineteen hundred and eleven, as amended by
section six of chapter six hundred and seventy-five of the
acts of the year nineteen hundred and twelve.
Approved May 12, 1916.
Chap. 209 An Act to extend the annual term of training of the
MEMBERS OF THE MILITIA.
Be it enacted, etc., as follows:
Section 1. Chapter six hundred and four of the acts of
the year nineteen hundred and eight is hereby amended by
striking out section one hundred and fifty-two and inserting
in place thereof the following: — Section 152. The volunteer
militia shall perform during each year not less than fourteen
days' training under service conditions at times and places
designated by the commander-in-chief.
Section 2. This act shall take effect upon its passage.
Approved May 13, 1916.
1908, 604, § 152,
amended.
Annual term
of training
of volunteer
militia
extended.
Chap.210 An Act to provide for the improvement by the Massa-
chusetts HIGHWAY commission OF A HIGHWAY IN THE
TOWNS OF HUBBARDSTON AND RUTLAND.
Be it enacted, etc., as follows:
Section 1. The Massachusetts highway commission is
hereby authorized to expend during the present year the
sum of ten thousand dollars in the construction or improve-
Masisachusetts
highway com-
mission may
improve high-
way in Hub-
General Acts, 1916. — Chap. 211. 187
ment of a highway between Gardner and Rutland, beginning bardaton and
at a point south of Hubbardston village in the town of
Hubbardston and extending in a southeasterly direction to
or toward the state highway in the town of Rutland over
what is deemed by said commission to be the best route.
Neither said way nor any part thereof shall thereby become
a state highway, and the way shall be maintained and kept
in repair by the towns in which it is situated. This act shall Act, how
I 1 1 •! • • 1 1 • 1 construed.
not be construed as prohibitmg the laymg out and con-
struction of said way, or any part thereof, as a state high-
way under the law^s applicable thereto whenever the Massa-
chusetts highway commission shall deem it expedient so to
do. Any unexpended balance of the sum hereby author-
ized to be expended may be used in the succeeding year for
the same purpose.
Section 2. This act shall take effect upon its passage.
Ap2)roved May 15, 1916.
An Act to provide for the recovery of damages to Qhnrt 211
PROPERTY CAUSED BY THE IMPROVEMENT OF THE RIVER
ROAD FROM SOUTHBRIDGE TO WEBSTER THROUGU THE
TOWN OF DUDLEY.
Be it enacted, etc., as follows:
Section 1. Damages to property sustained by the con- Recovery of
struction and improvement of the highway called the River J^fty caused
road, leading from Southbridge to Webster through the men3River
town of Dudley, by the Massachusetts highway commission, s°u'^ti,^[,°S<r
by virtue of the provisions of chapter seven hundred and toWebsten
seventy-nine of the acts of the year nineteen hundred and
fourteen, may be recovered upon petition to the superior
court for the county of Worcester, filed within one year after
the passage of this act. The petitioner, if he so elects, may How deter-
have his damages determined by a jury in the same manner °"°^
in which damages to property injured by the construction
and improvement of a state highway are determined, when
the petitioner is aggrieved by the determination of the
INIassachusetts highway commission. In estimating the
damages as aforesaid, there shall be deducted the amount
of the benefit, if any, accruing from the said improvement
to the property alleged to be damaged.
Section 2. The Massachusetts highwav commission shall statements
„ . 11 °' damages
cause statements or any damages recovered as herem pro- ^° ^<^ fi'^d.
vided to be filed in the office of the clerk of courts for the
188 General Acts, 1916. — Chap. 212.
county of Worcester and in the office of the town clerk of the
town of Dudley, and within sixty days after the filing of
said statements the county of Worcester and the town of
Dudley shall pay into the treasury of the commonwealth
twenty-five per cent and seventy-five per cent, respectively,
of the amount of the damages. Damages recovered here-
under shall be paid in the first instance from the treasury
of the commonwealth.
wa"y Loan,'^''" Section 3. The provisious of sections three and four of
Act of 1916. said chapter seven hundred and seventy-nine shall apply to
the raising of money necessary to meet the expenditures to
be borne by the county of Worcester and the commonwealth
hereunder. For the purpose of meeting the expenditures to
be borne by the town of Dudley under the provisions of
this act, the town is hereby authorized to borrow money,
beyond the statutory limit of indebtedness, to an amount
not exceeding one thousand dollars, and to issue notes or
bonds therefor. Such notes or bonds shall bear on their
face the words, Dudley Highway Loan, Act of 1916, shall be
payable at the expiration of periods not exceeding five
years from their respective dates of issue, shall bear interest,
payable semi-annually, at a rate not exceeding four and
one half per cent per annum, and shall be signed by the
treasurer and countersigned by the selectmen of the town.
The town may sell the said securities at public or private
sale, upon such terms and conditions as it may deem ex-
pedient, but they shall not be sold for less than their par
value, and the proceeds shall be used only for the purpose
aforesaid.
Section 4. This act shall take effect upon its passage.
Approved May 15, 1916.
Chap.212 An Act relative to the improvement by the Massa-
chusetts HIGHWAY commission OF A HIGHWAY IN THE
TOWNS OF NEW BRAINTREE AND BARRE.
Be it enacted, etc., as follows:
Shway^com- SECTION 1. The Massachusetts highway commission is
mission may hereby authorized to expend during the present year the
improve high- -^ iin • ii-- i
way in New gum of tcu thousaud dollars, m addition to the amownt
and Barre. appropriated for the same purpose by chapter two hundred
and fifty-seven of the General Acts of the year nineteen
hundred and fifteen, in the construction and improvement
of the highway from North Brookfield to Barre Plains, be-
construed.
General Acts, 1916. — Chap. 213. 189
ginning at the dividing line between the towns of New
Braintree and North Brookfield and extending northerly
toward Barre Plains, in order that said way may be made
safe and convenient for public travel. Neither said way
nor any part thereof shall thereby become a state highway,
but the way shall be maintained and kept in good repair
by the towns in which it is situated until such time as it
shall become a state highway. This act shall not be con- Act, how
strued as prohibiting the laying out and construction of
said way, or any part thereof, as a state highway under the
law applicable thereto whenever said commission shall
deem it expedient so to do. Any unexpended balance of
the sum hereby authorized to be expended may be used
in the succeeding year for the same purpose.
Section 2. This act shall take effect upon its passage.^
Approved May 15, 1916,
An Act to provide for the construction by the massa- Chav.^V^
CHUSETTS highway COMMISSION OF A STATE HIGHWAY
IN THE TOWN OF HINGHAM.
Be it enacted, etc., as follows:
Section 1. The Massachusetts highway commission is Massachusetts
hereby authorized and directed to construct and maintain mfssi^n^may '
a state highway in the town of Hingham from the easterly h°?hway*in***^
end of the state highway on Lincoln street in Hingham to Hingham.
the boundary lines of Cohasset and Hull at West's Corner,
so-called, over such route as said commission shall determine,
and, if the commission so determines, on the basis of a sixty-
foot location either by the use or widening of existing ways
or in whole or in part upon a new location. The said com-
mission is also authorized to purchase or take such land and
buildings as may be deemed necessary in the laying out and
construction of said highway. The provisions of chapter
forty-seven of the Revised Laws, as amended, shall apply
to the work herein contemplated, except in so far as said
provisions relate to the apportionment and repayment of
the cost of construction.
Section 2. Where said state highway is laid out over street railway
an existing highway in which a street railway company has certIin"wo*r°k!^°
or is to have a location, or a relocation, such company
shall do the work within the whole width between the rails
and for a distance of eighteen inches outside of the rails
190
General Acts, 1916. — Chap. 213,
Commonwealth
to pay first
cost.
Apportionment
of expense.
Coianty of
Plymouth, '
State Highway
Loan, Act of
1916.
Rate cf
interest.
under the direction and to the satisfaction and acceptance
of said highway commission.
Section 3. The cost and expense incurred under au-
thority of this act shall, in the first instance, be borne by
the commonwealth, and the treasurer and receiver general
is hereby authorized and directed to borrow upon the credit
of the commonwealth such sums of money as may be re-
quired therefor to an amount not exceeding two hundred
thousand dollars. All moneys so borrowed shall be deposited,
in the state treasury, and the treasurer and receiver general
shall pay out the same as ordered by said commission, and
shall keep a separate and accurate account of all sums
borrowed and expended therefor, including interest.
Section 4. Upon the completion of the said highway
the commission shall file in the office of the auditor of the
commonwealth a detailed statement certified by it of the
actual cost of the highway, including the cost of construc-
tion, and land damages, and interest on money borrowed as
authorized by section three of this act; and the cost shall
be apportioned as follows: thirty-seven and a half per cent
to the commonwealth; twenty-five per cent to the county
of Plymouth; thirty-seven and a half per cent to the town
of Hingham; and the county of Plymouth and the town
of Hingham shall, within such time as the commission may
direct, pay into the treasury of the commonwealth the
amounts to be paid by them respectively, including interest.
Section 5. Upon the apportionment of the cost of said
highway as aforesaid, the county commissioners of the
county of Plymouth are hereby authorized to issue bonds
or notes of the county to the amount for which the county
shall become liable hereunder. Such bonds or notes shall
bear on their face the words. County of Plymouth, State
Highway Loan, Act of 1916, and shall be payable in such
annual payments, beginning not more than one year after
the date thereof, as will extinguish each loan within fifteen
years from its date. The amount of such annual payment
in any year shall not be less than the amount of principal
payable in any subsequent year. Such bonds or notes shall
bear interest at a rate not exceeding four per cent per annum,
payable semi-annually, and shall be signed by the treasurer
of the county and countersigned by a majority of the county
commissioners. The county may sell the said securities at
public or private sale upon such terms and conditions as
it may deem proper, but not for less than their par value.
General Acts, 1916. — Chap. 214. 191
and the proceeds shall be used only for the purpose herein
stated.
Section 6. Upon the apportionment of the cost of said ^9^JJj°^
highway as aforesaid, the town of Hingham is hereby an- state Highway
thorized to issue bonds or notes of the town to the amount me"'
for which the town shall become liable hereunder. Such
bonds or notes shall bear on their face the words, Town of
Hingham, State Highway Loan, Act of 1916, and shall be
payable in such annual payments, beginning not more
than one year after the date thereof, as will extinguish each
loan within fifteen years from its date. The amount of
such annual payment in any year shall not be less than the
amount of principal payable in any subsequent year. Such Rate of
bonds or notes shall bear interest at a rate not exceeding '"
four per cent per annum, payable semi-annually, and shall
be signed by the treasurer of the town and countersigned by
a majority of the board of selectmen. The town may sell
the said securities at public or private sale, upon such terms
and conditions as it may deem proper, but not for less than
their par value, and the proceeds shall be used only for the
purpose herein stated.
Section 7. This act shall take effect upon its passage.
Approved May 15, WIG.
An Act to provide for the improvement by the mass a- nhnj^ 014
CHUSETTS highway COMMISSION OF A HIGHWAY IN THE ^ '
TOW'NS OF ASHBURNHAJM AND ASHBY.
Be it enacted, etc., as follows:
Section 1. The ]\Tassachusetts highway commission is Massachusetts
hereby authorized to expend during the present year the nifs^ion^may "
sum of ten thousand dollars in the construction or improve- ^™vTn ^ ^'^^'
ment of a highway in the towns of Ashburnham and Ashbv Ashburnham
1 -n • 1 1 1 • • 1 1 % *°*^ Ashby.
known as Kmdge road, begmnmg at the southeasterly end
of the section improved in the town of Ashburnham under
the provisions of chapter two hundred and twenty-nine of
the General Acts of the year nineteen hundred and fifteen,
and extending southeasterly to or toward the state highway
in the town of Ashby. Neither said way nor any part
thereof shall thereby become a state highway, and the way
shall be maintained and kept in repair by the towns in which
it is situated. This act shall not be construed as prohibiting Act, how
the laying out and construction of said way, or any part «^°°3*'""'?«i
thereof, as a state highway under the laws applicable thereto
192
General Acts, 1916. — Chaps. 215, 216.
Massachusetts
highway com-
mission may
improve high-
way in
Lunenburg.
Act, how
construed.
whenever the Massachusetts highway commission shall
deem it expedient so to do. Any unexpended balance of
the sum hereby authorized to be expended may be used
in the succeeding year for the same purpose.
Section 2. This act shall take effect upon its passage.
Approved May 15, 1916.
Chap. 215 ^^^ Act to provide for the improvement by the Massa-
chusetts HIGHWAY COMMISSION OF A HIGHWAY IN THE
TOWN OF LUNENBURG.
Be it enacted, etc., as follows:
Section 1. The Massachusetts highway commission is
hereby authorized to expend during the present year the
sum of five thousand dollars in the construction or improve-
ment of a highw^ay in the town of Lunenburg, between the
town of Shirley and the city of Leominster, over what is
deemed by said commission to be the best route. Neither
said way nor any part thereof shall thereby become a state
highway, and the way shall be maintained and kept in
repair by the town of Lunenburg. This act shall not be con-
strued as prohibiting the laying out and construction of
said way, or any part thereof, as a state highway under the
laws applicable thereto whenever the Massachusetts high-
way commission shall deem it expedient so to do. Any un-
expended balance of the sum hereby authorized to be ex-
pended may be used in the succeeding year for the same
purpose.
Section 2. This act shall take effect upon its passage.
Approved May 15, 1916.
Chap. 216 An Act to provide for the construction ant) improve-
ment BY THE MASSACHUSETTS HIGHWAY COMMISSION OF
A HIGHWAY IN THE TOWNS OF SANDWICH AND MASHPEE.
Be it enacted, etc., as follows:
Section 1. The Massachusetts highway commission is
hereby authorized to expend during the present year the
sum of ten thousand dollars in the construction or improve-
ment of a highway between the town hall in the town of
Sandwich and the centre of Mashpee village in the town
of jMashpee over what is deemed by said commission to be
the best route. Neither said way nor any part thereof shall
thereby become a state highway, and the way shall be main-
tained and kept in repair by the towns in which it is situated.
Massachusetts
highway com-
mission may
construct
highway in
Sandwich and
Mashpee.
General Acts, 1916. — Chaps. 217, 218. 193
This act shall not be construed as prohibiting the laying Act, how
out and construction of said way, or any part thereof, as a "'^^^ ^^^
state highway under the laws applicable thereto whenever
the Massachusetts highway commission shall deem it ex-
pedient so to do. Any unexpended balance of the sum
hereby authorized to be expended may be used in the succeed-
ing year for the same purpose.
Section 2. This act shall take effect upon its passage.
Approved May 15, 1916.
An Act to provide for the improvement by the massa- Chap. 217
CHUSETTS HIGHWAY COMMISSION OF A HIGHWAY IN THE
TOWNS OF PHILLIPSTON AND TEMPLETON.
Be it enacted, etc., as follows:
Section 1. The Massachusetts highway commission is Massachusetts
hereby authorized to expend during the present year the mission may
sum of ten thousand dollars in the construction or improve- highway*in
ment of a highway in the towns of Phillipston and Templeton, xemSS.'""^
beginning at the dividing line between the towns of Royal-
ston and Phillipston and extending through the north-
easterly part of the town of Phillipston and the northwesterly
part of the town of Templeton to or toward the state highway
in Baldwinville village in the town of Templeton, over
what is deemed by said commission to be the best route.
Neither said way nor any part thereof shall thereby become
a state highway, and the way shall be maintained and kept
in repair by the towns in which it is situated. This act shall ^"i^trSrd.
not be construed as prohibiting the laying out and construc-
tion of said way, or any part thereof, as a state highway
under the laws applicable thereto whenever the Massa-
chusetts highway commission shall deem it expedient so to
do. Any unexpended balance of the sum hereby authorized
to be expended may be used in the succeeding year for the
same purpose.
Section 2. This act shall take effect upon its passage.
Approved May Id, 1916.
An Act relative to retired call members of fire C]iav.2\^
departments.
Be it enacted, etc., as follows:
Section 1. All call members of fire departments of Compensation
oi rGtirsQ 03,11
cities except Boston who were retired for disability previous members of sre
departments.
194
General Acts, 1916. — Chap. 219.
to the twenty-third day of May in the year nineteen hun-
dred and thirteen, shall receive the same compensation
provided for call members of fire departments placed on
the retired list under the provisions of chapter six hundred
and ninety-seven of the acts of the year nineteen hundred
and thirteen.
fubm?ttedto Section 2. This act shall take full effect in any city
city council, etc. upon its acccptaucc by the city council with the approval
of the mayor. Aijproved May 15, 1916.
Massachusetts
highway com-
mission may
improve high-
way in Milford
and Hopkinton.
Chap. 21^ An Act to provide for the improvement of a higjiw^ay
IN THE TOWNS OF MILFORD AND HOPKINTON.
Be it enacted, etc., as follows:
Section 1. In addition to any sums heretofore appro-
priated for the purpose, the Massachusetts highway com-
mission is hereby authorized to expend the sum of five
thousand dollars during the present year in the construction
and improvement of the highway between the existing high-
way in the town of Milford, at a point near the Milford
Pine Grove cemetery, leading through Hopkinton to the
existing highway in the town of Southborough at the point
where the highway from Hopkinton enters the town of
Southborough at the Cordaville railroad bridge, in order
that said way may be made safe and convenient for public
travel. Neither said way nor any part thereof shall thereby
become a state highway, but the way shall be maintained
and kept in good repair by the town or towns in which it is
situated, until such time as it shall become a state high-
way. This act shall not be construed as prohibiting the
laying out and construction of said way or any part thereof
as a state highway under the laws applicable thereto, when-
ever said commission shall deem it expedient so to do.
Any unexpended balance of the sum hereby authorized
to be expended may be used in the succeeding year for the
same purpose.
Section 2. For the purpose of meeting the expendi-
tures hereby authorized, the treasurer and receiver general
is hereby empowered, with the approval of the governor
and council, to issue scrip or certificates of indebtedness to
an amount not exceeding five thousand dollars for a term
not exceeding ten years. Such scrip or certificates of in-
debtedness shall be issued as registered bonds, or with
interest coupons attached, and shall bear interest at a rate
Act, how
construed.
State Highway
Loan.
General Acts, 1916. — Chap. 220. 195
not exceeding four per cent per annum, payable semi-
annually. They shall be designated on their face, State
Highway Loan, shall be countersigned by the governor and
shall be deemed a pledge of the faith and credit of the com-
monwealth; and the principal and interest thereof shall
be paid at the time specified therein in gold coin of the
United States or its equivalent. They shall be sold at
public auction, or disposed of in such other manner, at
such times and prices, in such amounts and at such rates of
interest, not exceeding the rate above specified, as shall be
deemed best.
Section 3. This act shall take effect upon its passage.
Approved May 16, 1916.
Chap.220
An Act relative to certain employees of the board
of gas and electric light commissioners.
Be it enacted, etc., as follows:
Section 1. Chapter seven hundred and forty-two of the iqh, 742, § 134,
acts of the year nineteen hundred and fourteen is hereby ^'^'''''^'"^■
amended by striking out section one hundred and thirty-
four and inserting in place thereof the following: — Section cierk of board
134. The board shall appoint a clerk for such term of office eLctric'^iight
as it may deem proper. He shall not engage in any other dJiTiM^ltc''^'^'
business, shall keep a full and accurate record of the pro-
ceedings of the board, and serve such notices and perform
such other duties as the board may require. He shall be
sworn before entering upon the performance of his duties.
The board may from time to time designate one of its em- Assistant
ployees as assistant clerk, who shall be sworn and shall cierk, duties,
perform the duties of the clerk in the event of his absence
or inability to act.
Section 2. Chapter seven hundred and forty-two of the 1914, 742. § 174,
acts of the year nineteen hundred and fourteen is hereby '^'^'''''^'''^•
amended by striking out section one hundred and sevent}^-
four and inserting in place thereof the following: — Section inspectors,
174- The board shall appoint an inspector and one or dutres?eTc.''*'
more assistant inspectors of gas and gas meters for such
terms of office as it may deem proper. Such inspectors
shall be sworn to the faithful performance of their official
duties and they and the deputy inspectors hereinafter pro-
vided for shall not be pecuniarily interested, directly or
indirectly, in the manufacture or sale of gas, or gas meters,
or of any other article or commodity used by gas companies
196
General Acts, 1916. — Chaps. 221, 222.
Present
employees not
subject to civil
service exam-
ination, etc.
or used for any purpose connected with the consumption of
gas or with gas companies, and they shall not give certifi-
cates or written opinions to makers or vendors of any such
articles or commodities.
Section 3. Any present employee of the board of gas
and electric light commissioners may be promoted, or re-
appointed at the end of his term of office, without being
subjected to a civil service examination. The term of office
. of the present clerk of the board shall not be affected by
this act.
Section 4. This act shall take effect upon its passage.
Ayiwoved May 16, 1916.
Chap. 221 An Act relative to the mileage of members of the
VOLUNTEER MILITIA AND NAVAL BRIGADE.
Be it enacted, etc., as folloivs:
Section 1. There shall be allowed and paid to each
officer and soldier of the volunteer militia or naval brigade
required to travel with troops on duty, as follows : — under
sections one hundred and forty-one, one hundred and forty-
two, one hundred and fifty-one, one hundred and fifty-two
and one hundred and sixty of chapter six hundred and four
of the acts of the year nineteen hundred and eight, and acts
in amendment thereof and in addition thereto, two and one
quarter cents a mile each way, computed by the most direct
railroad communication from the place in which the head-
quarters of the various commands and the armories of the
companies are situated.
Section 2. So much of section one hundred and seventy-
four of chapter six hundred and four of the acts of the year
nineteen hundred and eight, as amended by section two of
chapter six hundred and forty-two of the acts of the year
nineteen hundred and eleven and by chapter three hundred
and ninety-nine of the acts of the year nineteen hundred
and twelve, as is inconsistent herewith is hereby repealed.
Section 3. This act shall take effect upon its passage.
Ajyproved May 16, 1916.
Mileage
allowed
members of
volunteer
militia and
naval brigade.
Repeal.
Chap. 222 An Act relative to the hours of employment of
women and minors.
Be it enacted, etc., as follows:
etc.!'amendtd. Scctiou forty-ciglit of chapter five hundred and four-
teen of the acts of the year nineteen hundred and nine, as
General Acts, 1916. — Chap. 222. 197
amended by chapter four hundred and eighty-four of the
acts of the year nineteen hundred and eleven, by chapter
four hundred and seventy-seven of the acts of the year
nineteen hundred and twelve, by section one of chapter
seven hundred and fifty-eight of the acts of the year nine-
teen hundred and thirteen, and by chapter fifty-seven of the
General Acts of the year nineteen hundred and fifteen, is
hereby further amended by inserting after the word
"seasons", in the ninth line, the following: — and the
state board of labor and industries shall determine what
(employments are seasonal, — so as to read as follows: —
Section 4S- No child under eighteen years of age and no Hours of
woman shall be employed in laboring in any factory or fi™e^°f^^''
workshop, or in any manufacturing, mercantile, mechanical m'i^ol-s.^^'^
establishment, telegraph office or telephone exchange, or
by any express or transportation company, more than
ten hours in any one day; and in no case shall the hours of
labor exceed fifty-four in a week except that in manufactur-
ing establishments where the employment is by seasons, and
the state board of labor and industries shall determine what state board of
employments are seasonal, the number of such hours in indu'strles to
any week may exceed fifty-four, but not fiity-eight, pro- ^^lo^''^
vided that the total number of such hours in any year shall employments.
not exceed an average of fifty-four hours a week for the
whole year, excluding Sundays and holidays; and if any
child or woman shall be employed in more than one such
place the total number of hours of such employment shall
not exceed fifty-four hours in any one week. Every em- Notices to be
ployer, except those employers hereinafter designated, shall ^°^*^ '***'■
post in a conspicuous place in every room in which such
persons are employed a printed notice stating the number
of hours' work required of them on each day of the week,
the hours of beginning and stopping work, and the hours
when the time allowed for meals begins and ends or, in the
case of mercantile establishments and of establishments
exempted from the provisions of sections sixty-seven and
sixty-eight, the time, if any, allowed for meals. The printed
forms of such notices shall be provided by the state board
of labor and industries, after approval by the attorney-
general. The employment of any such person at any time Overtime
other than as stated in said printed notice shall be deemed ^^en°p^-° '
a violation of the provisions of this section unless it appears °^'"®'^-
that such employment was to make up time lost on a previous
day of the same week in consequence of the stopping of
198
General Acts, 1916. — Chap. 223.
machinery upon which such person was employed or de-
pendent for employment; but no stopping of machinery for
less than thirty consecutive minutes shall justify such over-
time employment, nor shall such overtime employment be
authorized until a written report of the day and hour of its
occurrence and its duration is sent to the state board of
labor and industries, nor shall such overtime employment
be authorized because of the stopping of machinery for the
^"teTf*? shifts ^^^^^bration of any holiday. Every employer engaged in
of duty and fumishiug public service or in any other kind of business in
for women and Tcspcct to which the statc board of labor and industries
shall find that public necessity or convenience requires the
employment of children under the age of eighteen or women
by shifts during different periods or parts of the day, shall
post in a conspicuous place in every room in which such
persons are employed a printed notice stating separately the
hours of employment for each shift or tour of duty and the
amount of time allowed for meals. Printed forms of such
notices shall be provided by the state board of labor and
industries, after approval by the attorney-general. A list
by name of the employees, stating in which shift each is
employed, shall be kept on file at each place of employment
for inspection by employees and by officers charged with
the enforcement of the law. In cases of extraordinary
emergency as defined by section one of chapter four hundred
and ninety-four of the acts of the year nineteen hundred
and eleven or extraordinary public requirement, the pro-
visions of this act shall not apply to employers engaged in
public service or in other kinds of business in which shifts
may be required as hereinbefore stated; but in such cases
no employment in excess of the hours authorized under
the provisions of this act shall be considered as legalized
until a written report of the day and hour of its occurrence
and its duration is sent to the state board of labor and
industries. Approved May 16, 1916.
Provisions for
emergency.
C/iap. 223 An Act to provide for purcbl^sing departments in
CITIES.
Be it enacted, etc., as follows:
estlbh^lnr. Section 1. Any city, may, upon the acceptance of this
^a^^^g fiepart- act as hereinafter provided, establish a purchasing depart-
ment to consist of a purchasing agent and such assistants,
and with such salaries, as the city council, with the approval
General Acts, 1916. — Chap. 224. 199
of the mayor, may from time to time determine. The
agent and assistants shall be appointed by the mayor and
aldermen, or by the bod}' corresponding thereto, for such
terms of office as may be prescribed by ordinance. The
purchasing agent shall purchase all supplies for the city, or
for any department thereof, except in case of emergency;
but all purchases or contracts for purchase exceeding one
hundred dollars in amount shall be based upon competition.
A record shall be kept by the department of the prices paid
for all supplies, which shall be open to the inspection of any
citizen.
Section 2. The city council of any city, with the ap- Act to be
proval of the mayor, may vote to submit this act to the voters at annual
qualified voters of the city at any annual city election, in *='*y ^ ^'='^'°''-
the form of the following question to be placed upon the
official ballot: — "Shall an act passed by the general
court in the year nineteen hundred and sixteen
authorizing the establishment of purchasing
departments in cities be accepted?" And if a
majority of the voters voting thereon shall vote in the
affirmative, this act shall take full effect in that city.
Section 3. This act shall not apply to the city of t^°*ityor'^
Boston. Approved May 16, 1916.
YES.
NO.
Boston.
An Act to regulate the making of small loans. Chav 224
Be it enacted, etc., as follows:
Chapter seven hundred and twenty-seven of the acts of ^^^^'J?^i ^ ^•
the year nineteen hundred and eleven is hereby amended
by striking out section seven and inserting in place thereof
the following : — Section 7. The supervisor shall establish Making of
the rate of interest to be collected, and in fixing said rate r^uiateT^
shall have due regard to the amount of the loan and the
nature of the security and the time for which the loan is
made; but the total amount to be paid on any loan for
interest and expenses shall not in the aggregate exceed an
amount equivalent to three per cent a month on the amount
actually received by the borrower, computed on unpaid
balances; and no licensee or company or association to
which this act applies shall charge or receive upon any loan
a greater rate of interest than that fixed by the supervisor.
No charge, bonus, fee, expense or demand of any nature
whatsoever, except as above provided, shall be made upon
loans to which this act relates. Approved May 16, 1916.
200
General Acts, 1916. — Chaps. 225, 226.
Chap.225 An Act relative to the retirement and pensioning of
PROBATION OFFICERS. •
Be it enacted, etc., as folloics:
JeniioningVf'''^ Section 1. Any probation officer, of any court who
officws''*" shall be eligible to a pension for twenty years' service under
the provisions of section one of chapter seven hundred and
twenty-three of the acts of the year nineteen hundred and
twelve, shall hereafter be retired upon attaining the age
of seventy years.
Section 2. This act shall take effect upon its passage.
Approved May 17, 1916.
Congressional
district,
number ten.
Number
eleven.
Chap.226 An Act to redivide a part of the commonwealth into
DISTRICTS FOR THE CHOICE OF REPRESENTATIVES IN THE
CONGRESS OF THE UNITED STATES.
Be it enacted, etc., as follows:
Section 1. Wards numbered one, two, three, four, five
and six in the city of Boston in the county of Suffolk, shall
form one district for the choice of one representative in the
congress of the United States, which shall be called district
number ten.
Section 2. Wards numbered seven, eight, thirteen,
fourteen, fi.fteen, sixteen, twenty-two and twenty-three in
the city of Boston in the county of Suffolk, shall form one
district for the choice of one representative in the congress
of the United States, which shall be called district number
eleven.
Section 3. Wards numbered nine, ten, eleven, twelve,
seventeen, eighteen, nineteen, twenty and twenty-one in
the city of Boston in the county of Suffolk, shall form one
district for the choice of one representative in the congress
of the United States, which shall be called district number
tw^elve.
Section 4. Wards numbered twenty-five and twenty-
six in the city of Boston in the county of Suffolk; the towns
of Bellingham, Brookline, Dover, Franklin, INIedfield, Med-
way, Millis, Needham, Norfolk, Piainvilie, Walpole, Wellesley
and W^rentham in the county of Norfolk; the cities of
Marlborough, Newton and Waltham, and the towns of
Ashland, Framingham, Holliston, Natick, Sherborn, Sud-
bury, Wayland and Weston in the county of Middlesex; and
Number
twelve.
Number
thirteen.
General Acts, 1916. — Chap. 227. 201
the town of Southborough in the county of Worcester, shall
form one district for the choice of one representative in
the congress of the United States, which shall be called
district number thirteen.
Section 5. The town of Easton in the county of Bristol; ^JJ™^®^
the city of Quincy, and the towns of Avon, Braintree, Canton,
Dedham, Foxborough, Holbrook, Milton, Norwood, Ran-
dolph, Sharon, Stoughton, Westwood and Weymouth in the
county of Norfolk; the city of Brockton, and the towns
of Abington, Rockland, East Bridgewater, West Bridge-
water and Wliitman in the county of Plymouth; and the
ward numbered twenty-four in the city of Boston in the
county of Suffolk shall form one district for the choice
of one representative in the congress of the United States,
which shall be called district number fourteen.
Section 6. So much of chapter six hundred and seventy- Repeal,
four of the acts of the year nineteen hundred and twelve as
is inconsistent herewith is hereby repealed.
Section 7. This act shall take effect upon its passage.
Approved May 17, 1916.
An Act relatwe to the taxation of mutual fire (jJiq^t) 227
insurance companies.
Be it enacted, etc., as foUoics:
Section 1. Section thirtv-three of Part III of chapter 1909,490,
*^ "PoW- TTT fs ^'?
four hundred and ninety of the acts of the year nineteen amended. '
hundred and nine is hereby amended by adding thereto the
following: — In addition to the foregoing deductions there
shall also be deducted in the case of all mutual fire insurance
com-panies taxable under the provisions of said sections the
amount of all unabsorbed premium deposits actually re-
turned or credited to policy holders during the year for
which the tax is determined: provided, however, that no such
deduction shall be made unless such unabsorbed premium
deposits have been included as premiums received in a
return m.ade under section thirty-four of this part and a
tax assessed thereon, — so as to read as follows : — Section Taxation of
33. In determining the amount of the tax payable under Ssurance^
the five preceding sections, all unused balances on notes "'^p^^*^®-
taken for premiums on open policies, all sums paid for return
premiums on cancelled policies, and all sums actually paid
either to other domestic insurance companies or to the
agents of foreign companies for re-insurance on risks, the
202 General Acts, 1916. — Chap. 228.
premiums on which, but for such re-insurance, would be
liable to taxation, shall, in each case, be deducted from the
full amount of premiums and assessments; but no deduction
shall be allowed of sums paid for re-insurance effected other-
wise than by licensed resident agents nor shall dividends in
scrip or otherwise in stock, mutual or mixed companies be
considered as return premiums. In addition to the fore-
going deductions there shall also be deducted in the case of
all mutual fire insurance companies taxable under the pro-
visions of said sections the amount of all unabsorbed premium
deposits actually returned or credited to policy holders
Proviso. during the year for which the tax is determined: provided,
however, that no such deduction shall be made unless such
unabsorbed premium deposits have been included as
premiums received in a return made under section thirty-
four of this part and a tax assessed thereon.
Section 2. This act shall take effect upon its passage.
Approved May 17, 1916.
Chap. 22S An Act relative to the production and sale of milk.
Be it enacted, etc., as follows:
imt'ndwi ^ ^' Section 1. Section one of chapter seven hundred and
forty-four of the acts of the year nineteen hundred and
fourteen is hereby amended by inserting after the word
*'the", in the seventh line, the words: — milk and of the,
— and by inserting after the word "produced", in the
eighth line, the words: — and handled, — and by striking
out all after the word "for", where it first occurs in the
fourteenth line, and inserting in place thereof the words : —
said permit or for said inspection, — so as to read as fol-
rnd^sate^ormiik ^^"^^ • — Sectioii 1 . It sliall bc unlawful for any producer
regulated. of milk or dealer in milk to sell or deliver for sale in any
city or town in the commonwealth any milk produced or
dealt in by him without first obtaining from the board of
health of such city or town a permit authorizing such sale
Inspection. or delivery. Said boards of health are hereby authorized to
issue such permits after an inspection, satisfactory to them,
of the milk and of the place in which and of the circumstances
. under which such milk is produced and handled, has been
made by them or by their authorized agent. Any permit so
granted may contain such reasonable conditions as said
board may think suitable for protecting the public health
General Acts, 1916. — Chap. 229. 203
and may be revoked for failure to comply with any of such
conditions. No charge shall be made to the producer for
said permit or for said inspection.
Section 2. This act shall take effect upon its passage.
Approved May 17, 1916.
An Act to PRovroE for the weekly payment of wages QJi^rf 229
TO employees of hotels in cities.
Be it enacted, etc., as follows:
Section one hundred and twelve of chapter five hundred i?°9' ^'*' 5 112,
, '■ , etc., amended.
and fourteen of the acts of the year nineteen hundred and
nine, as amended by chapter three hundred and fifty of the
acts of the year nineteen hundred and ten, by chapter two
hundred and eight of the acts of the year nineteen hundred
and eleven, by chapter two hundred and forty-seven of the
acts of the year nineteen hundred and fourteen and by
chapter seventy-five of the General Acts of the year nineteen
hundred and fifteen, is hereby further amended by inserting
after the word "a", in the second line, the words: — hotel
in a city, or a, — so as to read as follows: — Section 112. Weekly
■n /J , . , . . payment of
JLvery person, firm or corporation engaged m carrymg on a wages, etc.
hotel in a city, or a factory, workshop, manufacturing, me-
chanical or mercantile establishment, mine, quarry, railroad
or street railway, or a telephone, telegraph, express or
water company, or in the erection, alteration, repair or re-
moval of any building or structure, or the construction or
repair of any railroad, street railway, road, bridge, sewer,
gas, water or electric light works, pipes or lines, shall pay
weekly each employee engaged in his or its business the
wages earned by him to within six days of the date of said
payment, but any employee leaving his or her employment,
shall be paid in full on the following regular pay day; and
any employee discharged from such employment shall be
paid in full on the day of his discharge, or in the city of
Boston as soon as the provisions of law requiring pay rolls,
bills and accounts to be certified shall have been complied
with; and the commonwealth, its officers, boards and com-
missions shall so pay every mechanic, workman and laborer
who is employed by it or them, and every person employed
by it or them in any penal or charitable institution, and
every county and city shall so pay every employee who is
engaged in its business the wages or salary earned by him,
unless such mechanic, workman, laborer or employee requests
204
General Acts, 1916. — Chap. 230.
Exemptions
Special contract
forbidden.
Penalty.
in writing to be paid in a different manner; and every town
shall so pay each employee in its business if so required by
him; but an employee who is absent from his regular place
of labor at a time fixed for payment shall be paid thereafter
on demand. The provisions of this section shall not apply
to an employee of a co-operative corporation or association
if he is a stockholder therein unless he requests such corpora-
tion to pay him weekly. The public service commission,
after a hearing, may exempt any railroad corporation from
paying weekly any of its employees if it appears to the
board that such employees prefer less frequent payments,
and that their interests and the interests of the public will
not suffer thereby. No corporation, contractor, person or
partnership shall by a special contract with an employee or
by any other means exempt himself or itself from the pro-
visions of this and the following section. Wlioever violates
the provisions of this section shall be punished by a fine
of not less than ten nor more than fifty dollars.
Approved May 17, 1916.
Massachusetts
highway com-
mission may
acquire land
for iiighway
in Revere.
C/iap. 230 An Act to authorize the Massachusetts highway com-
mission TO ACQUIRE CERTAIN LAND AND TO CONSTRUCT A
HIGHWAY IN THE CITY OF REVERE.
Be it enacted, etc., as follmvs:
Section 1. The Massachusetts highway commission is
hereby authorized to expend a sum not exceeding two hun-
dred thousand dollars in purchasing or taking by right of
eminent domain land for the purpose of laying out and con-
structing a highway in the city of Revere from a point on
Revere street, at or near its junction with the existing state
highway, to a point at or near Winthrop avenue, or to a
point between Winthrop avenue and Charles Eliot Circle,
either wholly or in part over a new location, or along existing
highways, as the commission may determine, and to use
any balance of said money that is not, in its opinion, neces-
sary for the payment of land damages for the construction
of a highway in said location, so far as the same may be
available, the width of the hardened surface to be such as
the commission may determine. Any such purchase or
taking may be made upon such route as the commission
may determine, and may be made on the basis of a location
not exceeding eighty feet in width: provided, however, that
Proviso.
General Acts, 1916. — Chap. 230. 205
where the highway is to be laid out along an existing street
the layout may be of the same width as the existing location
of said street. In laying out and constructing said highway
the commission is authorized to make use of any land the .
title to which is in the commonwealth, or which is under
the control of the metropolitan park commission, without
payment therefor, provided that it shall not encroach upon
or interfere with the existing traveled roadway of the metro-
politan boulevard.
Section 2. Said highway shall be laid out as a state To be a state
highway by said commission, and the provisions of chapter ^ ^^^'
forty-seven of the Revised Laws, as amended, relating to
state highways, shall apply thereto, except that no petition
shall be required from the mayor and aldermen of the city
or from the county commissioners as a condition precedent
to said layout, and that said commission shall have authority
to construct such sidewalk or sidewalks as it may deem
advisable.
Section 3. The commission shall have all the powers Assessment,
for and on behalf, of the commonwealth that cities and bette?ments.
towns have to assess, collect and assume betterments under
the provisions of chapter fifty of the Revised Laws and any
amendments thereof or additions thereto.
Section 4. To meet the expenses incurred under this issue of regis-
act the treasurer and receiver general is hereby authorized, authorized!
with the approval of the governor and council, to issue scrip
or certificates of indebtedness to an amount not exceeding
two hundred thousand dollars for a term not exceeding
fifteen years. Such scrip or certificates shall be issued as Rate of
registered bonds, and shall bear interest at a rate not ex-
ceeding four per cent per annum, and shall be payable semi-
annually, on the first days of January and July. They state Highway
shall be designated on their face, State Highway Loan, shall
be countersigned by the governor, and shall be deemed a
pledge of the faith and credit of the commonwealth; and
the principal and interest thereof shall be paid at the time
specified therein in gold coin of the LTnited States or its
equivalent. They shall be sold at public auction, or dis-
posed of in such manner at such times and prices, in such
amounts and at such rates of interest not exceeding the
rate above specified, as shall be deemed best.
Section 5. This act shall take effect upon its passage.
Approved May 18, 1916.
206
General Acts, 1916. — Chap. 231.
Directors of
port of Boston
to convey and
accept lands
and flats in
connection with
improvement
of Maiden river.
C hap. 2S1 An Act to authorize the directors of the port of
BOSTON TO C0N\^EY AND TO ACCEPT LANDS AND FLATS IN
CONNECTION WITH THE IMPROVEMENT OF MALDEN RIVER.
Be it enacted, etc., as follows:
Section 1. The directors of the port of Boston, in
connection with the projected improvement of Maiden
river shown on a "Plan of Improvement, Maiden River,
Massachusetts", made by Christopher Harrison, city engi-
neer, dated July, nineteen hundred and thirteen, approved
by the directors of the port of Boston and on file in the
office of the United States district engineer at Boston, are
hereby authorized to convey to the owners of lands fronting
upon the river all the right, title and interest of the common-
wealth in and to all or any of the lands and flats lying be-
tween the low water lines of the river, as relocated and
straightened according to said plan, and the present riparian
boundaries of the said owners, respectively; and also to
accept on behalf of the commonwealth conveyances to it
of lands and flats lying between the respective low water
lines of the river in its new location as shown on said plan.
Such conveyances on the part of the commonwealth may be
made by deeds of quitclaim or release in ordinary form,
signed by said directors or a majority of them, and in return
for such considerations as they may deem proper: provided,
that simultaneously with the delivery of said deeds or re-
leases, the grantees named therein shall deliver to said
board deeds of quitclaim or release in the ordinary form,
properly executed by said grantees, conveying to the com-
monwealth any and all right, title and interest in and to
the lands and flats lying between the low water lines of the
river as relocated and straightened according to said plan;
and provided, further, that said deeds of quitclaim or release
shall contain a special provision releasing the common-
wealth from any liability for damages that may be sustained
by the grantors named in the said deeds of quitclaim or
release by reason of the straightening, deepening, relocating
or maintaining of the river as is shown in said plan, or for
any acts committed or omitted by the commonwealth, or
by any board, commission or officer acting for the common-
wealth, in carrying out the purposes of this act. All of the-said
deeds and releases shall be approved by the attorney-general.
Section 2. This act shall take effect upon its passage.
Approved May 18, 1916.
Provisos.
Approval of
deeds and
releases by
attorney
general.
General Acts, 1916. — Chaps. 232, 233. 207
An Act to abolish the commonwealth's flats improve- (JJid'T) 232
MENT FUND.
Be it enacted, etc., as follows:
Section 1. The Commonwealth's Flats Improvement Common-
Fund, established by chapter two hundred and thirty-seven improvement
of the acts of the year eighteen hundred and seventy-eight,
is hereby abolished and the treasurer and receiver general
is hereby authorized and directed to transfer the balance
remaining to the credit of said fund to the Port of Boston
Fund established by chapter six hundred and sixty-three of
the acts of the year nineteen hundred and twelve.
Section 2. This act shall take effect upon its passage.
Ayyroved May 19, 1916.
Chap.2SS
An Act relatr^e to the annual report of the trustees
OF the MASSACHUSETTS AGRICULTURAL COLLEGE.
Be it enacted, etc., as follows:
Section 1. Section one of chapter four hundred and etc^'^^^^^dl'd
fifty-nine of the acts of the year nineteen hundred and eight,
as amended by section one of chapter four hundred and
twenty-nine of the acts of the year nineteen hundred and
ten, and by section one of chapter ninety-one of the acts of
the year nineteen hundred and fourteen, is hereby further
amended by striking out the said section and inserting in
place thereof the following: — Section 1. The annual report Annual report
of the trustees of the Massachusetts Agricultural College Ma^SicwtL
may be printed in five parts, which shall severally consist coiS"'^''^
of the following: — part one, of the report of the president
and other officers of administration; part two, of the cata-
logue of the college; part three, of the report of the director
of the Massachusetts agricultural college experiment station
and other officers; part four, of the detailed reports of the
experiment station; and part five, of the report of the
director of the extension service.
Section 2. Section two of chapter four hundred and ^tf' amended
fifty-nine of the acts of the year nineteen hundred and eight,
as amended by section two of chapter four hundred and
twenty-nine of the acts of the year nineteen hundred and
ten, and by section two of chapter ninety-one of the acts
of the year nineteen hundred and fourteen, is hereby further
amended by striking out the said section and inserting in
place thereof the following: — Section 2. Of part one there Number of
^ r copies of several
208
General Acts, 1916. — Chap. 234.
parts to be
printed.
may be printed three thousand copies, of which two thou-
sand copies may be for the use of the trustees of said college;
of part two, ten thousand copies for the use of the said
trustees; of part three, as many copies, not exceeding
twenty thousand, as may be requested by the director of the
experiment station for the use of the said trustees; of part
four, which may be offered for publication in instalments
to be known as bulletins, as many copies of each instalment
as shall be requested by the said director, but in no case
exceeding twenty thousand copies, for the use of the said
trustees, and in addition, for the use of the state board of
agriculture, as many copies of each instalment, not exceed-
ing twenty-five hundred, as may be requested by the said
board; and of part five, five thousand copies for the use of
the said trustees.
Section 3. This act shall take effect upon its passage.
A-pyrored May 19, 1016.
Chap. 234: An Act to establish the mount toby state demonstra-
tion FOREST AND TO PROVIDE FOR INSTRUCTION THEREIN
BY THE MASSACHUSETTS AGRICULTURAL COLLEGE.
Be it enacted, etc., as folloivs:
Section 1. The trustees of the Massachusetts Agri-
cultural College are hereby authorized to take or acquire by
purchase, gift or otherwise, land not exceeding one thousand
acres in extent, situated on and about Mount Toby, so-
called, in the towns of Sunderland and Leverett, and now
owned by John L. Graves and others.
Section 2. The land acquired under the provisions of
this act shall be known as the Mount Toby State Demonstra-
tion Forest, and title to the land shall be in the common-
wealth.
Section 3. The said trustees shall have the same power
to acquire land for the Mount Toby State Demonstration
Forest which is given to the metropolitan park commission
in respect to other land by chapter four hundred and seven
of the acts of the year eighteen hundred and ninety-three,
and acts in amendment thereof, and shall be vested with
full power and authority to care for, protect and maintain
the same in behalf of the commonwealth.
Section 4. The trustees of the Massachusetts Agri-
cidtural College are hereby further authorized and directed
to use the lands acquired under the provisions of this act, or
Trustees of
Massachusetts
Agricultural
College to
purchase land,
etc.
Mount Toby
State Demon-
stration Forest
established.
Powers and
duties, etc.
Lands to be
used for in-
struction in
forestry, etc.
General Acts, 1916. — Chap. 235. 209
so much thereof as they shall determine, for the instruction
of students in forestry and as a laboratory for the purposes
of research and illustration in economic questions and
practical work relating to the conservation and use of forest
tracts and farm wood lots.
Section 5. To carry out the purposes of this act, a Appropriation.
sum not exceeding thirty thousand dollars shall be allowed
and paid out of the treasury of the commonwealth.
Section 6. This act shall take effect upon its passage.
Approved May 19, 1916.
An Act to provide for the construction of a parkway Chap.2ib
CONNECTING THE BLUE HILLS RESERVATION WITH GRANITE
STREET IN THE TOWN OF BRAINTREE.
Be it enacted, etc., as follows:
Section 1. The metropolitan park commission is hereby Metropolitan
authorized and directed to lay out and construct a parkway mission to
or boulevard not less than sixty feet in width, and to take parkway from
or acquire by purchase or otherwise such land as may be res'^r^Slon to
necessary therefor, in the town of Braintree beginning -^XLkitre^'
at a point at or near the intersection of West street with
Farm river and extending to the junction of West street
and Granite street in said town, and to expend therefor a
sum not exceeding ten thousand dollars.
Section 2. To meet the expenditures made under au- Metropolitan
thority of this act the treasurer and receiver general, with series Two"!'
the approval of the governor and council, shall issue bonds
or certificates of indebtedness, bearing interest at a rate
not exceeding four per cent per annum, to the amount of
ten thousand dollars as an addition to the Metropolitan
Parks Loan, Series Two. The treasurer and receiver general
shall add to the existing sinking fund to provide for the pay-
ment of the said securities, and they shall be issued, and
additions to said sinking fund shall be assessed and collected
in accordance with the provisions of chapter two hundred
and eighty-eight of the acts of the year eighteen hundred
and ninety-four, and in accordance with the provisions of
chapter two hundred and eighty-three of the acts of the
year eighteen hundred and ninety-five, and of chapter four
hundred and nineteen of the acts of the year eighteen hun-
dred and ninety-nine, and of acts in amendment thereof and
in addition thereto.
Section 3. This act shall take effect upon its passage.
Approved May 19, 1916.
210
General Acts, 1916. — Chaps. 236, 237.
Chap.23Q An Act relative to the employment of an accountant
AND A bookkeeper BY THE AUDITOR OF THE COMMON-
WEALTH.
Be it enacted, etc., a^ follows:
Section 1. Chapter two hundred and seventy-four of
the General Acts of the year nmeteen hundred and fifteen
is hereby amended by striking out section one and inserting
Auditor of in place thereof the following: — Section 1. The auditor
commonwealth i»i'm iiii
may employ an Hiay euiploy ui his omce an accountant and a bookkeeper,
whose salaries shall be fixed by the auditor with the approval
of the governor and council.
Section 2. This act shall take effect upon its passage.
Approved May 19, 1916.
1915, 274 (G),
§ 1, amended.
accountant and
a bookkeeper.
Metropolitan
park commis-
sion may
complete
Dedham
parkway.
Metropolitan
Parks Loan,
Series Two.
Chap.2S7 An Act to enable the metropolitan park commission
TO complete the construction of the dedham park-
way.
Be it enacted, etc., as follows:
Section 1. In order to complete the construction of so
much of the Dedham parkway as has been acquired by
the metropolitan park commission in accordance with
chapter six hundred and ninety-nine of the acts of the year
nineteen hundred and twelve, the said commission is hereby
authorized to expend the sum of ten thousand dollars.
Section 2. To meet the expenses incurred hereunder,
the treasurer and receiver general is hereby authorized to
issue, in the name and behalf of the commonwealth, scrip
or certificates of indebtedness bearing interest at a rate not
exceeding four per cent per annum to the amount of ten
thousand dollars, as an addition to the Metropolitan Parks
Loan, Series Two. Such bonds or scrip shall be issued in
such amounts and upon such terms, and shall bear such rate
of interest not exceeding four per cent per annum, payable
semi-annually, and shall be paid serially in such amounts
and at such times, within a period not exceeding forty
years, as shall be determined by the treasurer and receiver
general, with the approval of the governor and council, to
be for the best interests of the commonwealth.
Section 3. This act shall take effect upon its passage.
Approved May 19, 1916.
General Acts, 1916. — Chaps. 238, 239. 211
An Act relative to certain payments under the re- (Jjiar) 238
TIREMENT SYSTEM FOR PUBLIC SCHOOL TEACHERS.
Be it enacted, etc., as follmvs:
Section 1. Paragraph (6) of section seven of chapter iQis, 832, § 7,
eight hundred and thirty-two of the acts of the year nine- ^'^^^'^
teen hundred and thirteen is hereby amended by adding at
the end thereof the following : — if, however, there is no
executor or administrator of the estate of such deceased
member, all sums due under this paragraph, not exceeding
one hundred dollars in any one case, may be paid to such
person or persons as appear in the judgment of the retire-
ment board to be entitled to the proceeds of the estate,
and such payment shall be a bar to recovery by any other
person, — so that said paragraph will read as follows: —
(6) If a member of the retirement association shall die Certain pay-
before retirement, the full amount of his contributions to reth^eLent^"^
the annuity fund with regular interest to the day of his pubu^slhooi
death shall be paid to his legal representatives; if, however, teachers.
there is no executor or administrator of the estate of such
deceased member, all sums due under this paragraph, not
exceeding one hundred dollars in any one case, may be paid
to such person or persons as appear in the judgment of the
retirement board to be entitled to the proceeds of the estate,
and such payment shall be a bar to recovery by any other
person.
Section 2. This act shall take effect upon its passage.
Approved May 20, 1916.
An Act to authorize the temporary release of Qfidj) 239
PATIENTS COMMITTED TO INSANE HOSPITALS FOR LIFE.
Be it enacted, etc., as follows:
The provisions of section seventy-five of chapter five Temporary
hundred and four of the acts of the year nineteen hundred paSs com-
and nine shall apply to the case of a patient committed to fnLane hospitals
an insane hospital for the term of his natural life under the ^°^ ^'f®-
provisions of section one hundred and four of said chapter
five hundred and four, after an acquittal by reason of in-
sanity upon an indictment for murder or manslaughter, but
the superintendent shall not permit any such person tempo-
rarily to leave the hospital without the approval of the
governor and council. Neither such permission tempo-
212
General Acts, 1916. — Chap. 240.
rarily to leave the hospital, nor failure to return thereto,
shall terminate or in any way affect the. original order of
commitment. Ap'proved May 20, 1916.
1911, 494, § 1,
amended.
Hours of labor
of public
employees and
persons em-
ployed on
public works
fixed.
Chap. 24:0 An Act relative to the hours of labor of public em-
ployees AND PERSONS EMPLOYED ON PUBLIC WORKS.
Be it enacted, etc., as follotvs:
Section 1. Section one of chapter four hundred and
ninety-four of the acts of the year nineteen hundred and
eleven is hereby amended by inserting after the word "day",
in the tenth line, the words: — and to forty-eight hours in
any one week, — and by inserting after the Avord "day",
in the seventeenth line, the words: — or more than forty-
eight hours in any one week, — so as to read as follows: —
Section 1. The service of all laborers, workmen and me-
chanics, now or hereafter employed by the commonwealth
or by any county therein or by any city or town which has
accepted the provisions of section twenty of chapter one
hundred and six of the Revised Laws, or of section forty-
two of chapter five hundred and fourteen of the acts of the
year nineteen hundred and nine, or by any contractor or
sub-contractor for or upon any public works of the com-
monwealth or of any county therein or of any such city or
town, is hereby restricted to eight hours in any one calendar
day, and to forty-eight hours in any one week, and it shall
be unlawful for any officer of the commonwealth or of any
county therein, or of any such city or town, or for any such
contractor or sub-contractor or other person whose duty it
shall be to employ, direct or control the service of such
laborers, workmen or mechanics to require or permit any
such laborer, workman or mechanic to work more than
eight hours in any one calendar day, or more than forty-
eight hours in any one week, except in cases of extraordinary
emergency. Danger to property, life, public safety or public
health only shall be considered cases of extraordinary emer-
gency within the meaning of this section. In cases where a
Saturday half holiday is given the hours of labor upon the
other working days of the week may be increased sufficiently
to make a total of forty-eight hours for the week's work.
Threat of loss of employment or to obstruct or prevent the
obtaining of employment or to refrain from employing in
the future, shall each be considered to be "requiring" within
"Extraordinary
emergency,"
term defined.
General Acts, 1916. — Chap. 241. 213
the meaning of this section. Engineers shall be regarded as
mechanics within the meaning of this act.
Section 2. Section four of chapter four hundred and amended.^*'
ninety-four of the acts of the year nineteen hundred and
eleven is hereby amended by adding at the end thereof the
following: — nor to persons employed by the trustees of the
Massachusetts nautical school, on boats maintained by
the district police for the enforcement of certain laws in the
waters of the commonwealth, or in connection with the
care and maintenance of state armories, — so as to read as
follows : — Section 4- This act shall not apply to the prepa- Not to apply
ration, printing, shipment and delivery of ballots to be '"^ "'"^^° '=^'''-
used at a caucus, primary, state, city or town election, nor
during the sessions of the general court to persons employed
in legislative printing or binding; nor shall it apply at any
time to persons employed in any state, county or municipal
institution, on a farm, or in the care of the grounds, in the
stable, in the domestic or kitchen and dining room service
or in store rooms or offices, nor to persons employed by the
trustees of the ]Massachusetts nautical school, on boats
maintained by the district police for the enforcement of
certain laws in the waters of the commonwealth, or in con-
nection with the care and maintenance of state armories.
Section 3. This act shall take effect on the first day of Jff^t°^*^'^°^
July, nineteen hundred and sixteen: provided, however, that Proviso.
the provisions of section one shall not take effect in any city
until accepted by vote of the city council, approved by the
mayor, or by vote of the commission in any city under a
commission form of government, nor in any town until
accepted by the voters thereof at an annual meeting or at a
special meeting called for the purpose.
Approved May 20, 1916.
An Act to abolish the board of prison commissioners rij^ri^ 041
AND the boards OF PAROLE AND TO ESTABLISH THE MAS- ^'
SACHUSETTS BUREAU OF PRISONS.
Be it enacted, etc., as follows:
Section 1. The board of prison commissioners existing Board of prison
under authority of chapter two hundred and twenty-two of and boards o?
the Revised Laws, the offices of chairman and secretary ^go^ted.
thereof, the office of deputy commissioner established under
chapter eight hundred and twenty-nine of the acts of the
214
General Acts, 1916. — Chap. 241.
Rights, powers,
etc., transferred
to the director
of the Massa-
chusetts bureau
of prisons,
except, etc.
Board of
parole, etc.
Appointees
and employees.
Massachusetts
bureau of
prisons
established.
Director
of prisons,
appointment,
etc.
Deputies.
Advisory-
prison board.
year nineteen hundred and thirteen, the board of parole
for the state prison and the Massachusetts reformatory and
the board of parole for the reformatory for women established
by said chapter eight hundred and twenty-nine, are hereby
abolished. All the rights, powers, duties and obligations
conferred and imposed by law on said board of prison com-
missioners, or any member thereof, except as is hereinafter
provided, are hereby transferred to and shall hereafter be
exercised and performed by the director of the Massa-
chusetts bureau of prisons established by this act, who shall
be the lawful successor of said board. All the rights, powers,
duties and obligations conferred and imposed by law on said
boards of parole are hereby transferred to and shall here-
after be exercised and performed by the board of parole of
the Massachusetts bureau of prisons established by this
act, which board shall be the lawful successor of said boards.
All appointees and employees of said boards except as is
otherwise provided in this act, shall as temporary appointees
continue to perform their duties, upon the same terms as
heretofore, until removed under the authority of this act
and shall be eligible for reemployment hereunder without
further examination.
Section 2. The Massachusetts Bureau of Prisons is
hereby established, to consist of a director of prisons, not
more than two deputies, an advisory prison board of five
members, of whom three shall be men and two shall be
board of parole of three members. Said
be furnished with suitable quarters in the
women, and
bureau shall
state house.
Section 3. The director of prisons shall be appointed
by the governor, with the advice and consent of the council,
to serve for the term of three years, and shall receive such
annual salary, not exceeding six thousand dollars, as shall
be determined by the governor with the advice and consent
of the council. Any vacancy shall be filled for the unexpired
term by the governor with the advice and consent of the
council, and the governor shall designate one of the deputies
to act as director until the vacancy is filled. The deputies
shall be appointed by the director, shall perform such duties
as he may determine, and may be removed, by him at any
time. They shall receive such salaries as he shall determine,
subject to the approval of the governor and council.
Section 4. The five members of the advisory prison
board shall be appointed by the governor with the advice
General Acts, 1916. — Chap. 241. 215
and consent of the council for terms of five years, four years,
three years, two years and one year from the first day of
June, nineteen hundred and sixteen, respectively, as the
governor shall designate, and thereafter one member shall
be appointed annually to serve for the term of five years.
They shall receive no compensation for their services, but Expense.
shall be reimbursed by the commonwealth for actual expenses
incurred by them in the performance of their official duties.
Section 5. The three members of the board of parole Board of parole,
shall be appointed by the governor with the advice and |pp°''^*"'®^*'
consent of the council, for terms of three years, two years
and one year from the first day of July, nineteen hundred
and sixteen, respectively, as the governor shall designate,
and thereafter one member shall be appointed annually to
serve for the term of three years. The members of said Compensation,
board shall each receive an annual salary of twelve hundred
dollars as full compensation for their duties relative to
permits to be at liberty from the state prison, the Massa-
chusetts reformatory, the prison camp and hospital, and the
reformatory for women, and shall be reimbursed by the com-
monwealth for actual expenses incurred by them in the per-
formance of their official duties. In addition thereto, the Compensation
members of said board may receive as compensation for the boarcToT'^^
performance of their duties as advisory board of pardons, p^'^°''^-
under the provisions of section six of chapter eight hundred
and twenty-nine of the acts of the year nineteen hundred
and thirteen, and for actual expenses incurred in connection
therewith, such sums from the treasury of the commonwealth
as may be approved by the governor with the advice and
consent of the council. The governor with the advice and Chairman.
consent of the council shall annually designate one member
of the board of parole as chairman. The director of prisons
shall furnish the said board with clerical and other necessary
assistance.
Section 6. Members of the said boards may be removed Removal and
by the governor with the advice and consent of the council,
who shall, in like manner fill any vacancy for the unexpired
term.
Section 7. It shall be the duty of the director to keep Director of
informed as to the management and condition of all penal etc!°''^' '^''*'^^'
institutions under his supervision or control. He may expend
annually in the performance of his duties and for necessary
clerical assistance such sum as may be appropriated therefor
by the general court, and may, during the current year,
216
General Acts, 1916. — Chap. 241.
Duties of
advisory
prison board
expend for that purpose the unexpended balance of any
sums appropriated for the use of the board of prison com-
missioners. He or one of his deputies shall make frequent
visits to the penal and reformatory institutions under his
supervision for the purpose of investigating the manage-
ment, condition and discipline of the institution and the
treatment of the inmates, and the books of the said institu-
Certain officials tious shall be opcu for his examination. The director or
to be present at j_ _l- p j1 i ^ ' ,ii ^ •
meetings of any representative from the bureau designated by him may
paroe oar. attend any meeting of the parole board. The superintendent
of the reformatory for women and the resident physician,
or, in the absence of either of them, an official of said re-
formatory designated by the superintendent, shall be present
at all meetings of the parole board held for the examination
of inmates thereof.
Section 8. It shall be the duty of the advisory prison
board to keep informed as to the administration of the penal
institutions under the supervision or control of the director
of prisons, to visit and inspect said institutions, to study
and investigate questions arising in connection therewith,
and to consider, formulate and recommend such proposals
as may seem feasible for the improvement thereof. The
board shall annually choose a chairman from among its
members and may adopt rules consistent with this act for
the performance of its duties. The director of prisons shall
annually assign an employee of the bureau to act as secretary
of the advisory prison board, and to attend and to keep a
record of its meetings. The board shall hold regular meet-
ings once every month and other meetings whenever they
are required by such rules as it may adopt, or when requested
by three members of the board. The board shall make
known to the director of prisons any defects of prison manage-
ment known to it, and may make recommendations to him
regarding the improvement of the prison service. When
requested by the board, the director of prisons shall report
to it in person or in writing regarding any matters relating
to prisons. At the request of the governor, and under his
direction, the board shall investigate and report to him
upon any matter pertaining to the administration of the
director of prisons or to the management of any of the
Annual reports, peual iustitutious. The board shall make an annual report
to the general court, which shall be incorporated in the
annual report of the director of prisons.
Ctiairman.
Secretary.
Meetings.
General Acts, 1916. — Chap. 242. 217
Section 9. Sections two and four of chapter two him- Repeal.
dred and twenty-two of the Revised Laws, and section five
of said chapter, as amended by chapter five hundred and
twenty-six of the acts of the year nineteen hundred and
fourteen, and all acts and parts of acts inconsistent here-
with, are hereby repealed.
Section 10. So inuch of this act as provides for the Time of taking
appointment of the advisory prison board, the board of ^^^*'
parole and the director of prisons shall take effect upon its
passage. All other provisions shall take effect on the first
day of July, nineteen hundred and sixteen.
Approved May 20, 1916.
An Act relatrt: to the licensing of pedlers. Chav 242
Be it enacted, etc., as follows:
Section 1 . Chapter sixty-five of the Revised Laws is r. l. es. § is.
hereby amended by striking out section thirteen and insert- ^™'''''^^^-
ing in place thereof the following: — Section 13. Whoever, Saiesby
except itinerant vendors, wholesalers or jobbers having a pediers"^^
permanent place of business in this commonwealth and
selling to dealers only, and commercial agents or other
persons selling at wholesale by sample, lists, catalogues or
otherwise for future delivery, goes from town to town or
from place to place in the same town carrying for sale or
barter, or exposing for sale or barter, goods, wares or mer-
chandise, shall be deemed a hawker or pedler within the
meaning of this chapter. Hawkers and pedlers selling. Penalty.
bartering, or exposing for sale or barter, goods, wares or
merchandise, except as permitted by the provisions of this
chapter, shall forfeit not more than two hundred dollars
for each offence, to be equally divided between the common-
wealth and the city or town in which the offence is com-
mitted.
Section 2. Chapter sixty-five of the Revised Laws is r. l. es, § i4,
hereby amended by striking out section fourteen and insert- =*'^®°'^®'^-
ing in place thereof the following: — Section 14- The sale Saiesof
by hawkers or pedlers of jewelry, furs, wines, spirituous profi'bit^ed!*' ^^
liquors and playing cards is prohibited.
Section 3. Section fifteen of chapter sixty-five of the r. l. 65, § is.
Revised Laws, as amended by chapter three hundred and ^^•' '''^^''^^^•
seventy-seven of the acts of the year nineteen hundred and
five, by chapter three hundred and forty-five of the acts of
218
General Acts, 1916. — Chap. 242.
Sales of certain
articles without
license.
Proviso.
Cities and
towns may
make regula-
tions.
Farm prod-
ucts, etc.
R. L. 65. § 17,
etc., amended.
Regulation of
sales by
minors.
Proviso.
the year nineteen hundred and six, and by chapter forty-
eight of the General Acts of the year nineteen hundred and
sixteen, is hereby further amended by striking out the said
section and inserting in place thereof the following : — Sec-
tion 15. Hawkers and pedlers may sell without a license
books, newspapers, pamphlets, fuel, provisions, yeast, ice,
live animals, brooms, agricultural implements, hand tools
used in making boots and shoes, gas or electric fixtures and
appliances, flowering plants, wild or uncultivated flowers,
fruits, nuts and berries; and fruit, agricultural and other
products, if such fruit and products are those of their own
labor or of the labor of their families: promded, that such
sales are not made in violation of an ordinance or by-law
of the city or town. Cities and towns may by ordinance or
by by-law, not inconsistent with the provisions of this
chapter, regulate the sale and exposing for sale by hawkers
and pedlers of said articles without the payment of any fee,
and may affix penalties for the violation of such regulations.
Cities and towns may require hawkers and pedlers of fish,
fruit and vegetables to be licensed, provided that the license
fee does not exceed that prescribed by section nineteen of
this chapter, as amended, for a license embracing the same
territorial limits. But a person who peddles only fruits and
vegetables or other farm products, raised or produced by
himself or family, shall not be deemed a hawker or pedler
under the provisions of this chapter.
Section 4. Section seventeen of chapter sixty-five of
the Revised Laws, as amended by chapter five hundred and
thirty-one of the acts of the year nineteen hundred and two,
by chapter one hundred and fifty-one of the acts of the
year nineteen hundred and six, and by chapter four hundred
and nineteen of the acts of the yeaf nineteen hundred and
ten, is hereby further amended by striking out the said
section and inserting in place thereof the following : — Sec-
tion 17. The mayor and aldermen or selectmen may make
regulations consistent with the general laws relative to the
exercise of the trade of boot-blacking by minors, and to the
sale or barter by minors of any goods, wares or merchandise
the sale of which is permitted by section fifteen, and may
prohibit such sales or such trade, or may require a minor
to obtain from them a permit therefor to be issued on terms
and conditions prescribed in such regulations: prodded,
that in the case of persons under the age of sixteen years in
the cities of the commonwealth the foregoing powers shall
General Acts, 1916. — Chap. 242. 219
be vested in and exercised by the school committee. No
badge or permit issued to a minor under the provisions of
this section, or of sections eleven to fifteen, inclusive, of
chapter eight hundred and thirty-one of the acts of the
year nineteen hundred and thirteen, shall authorize the sale
by a minor of any article other than those enumerated in
section fifteen of this chapter. A minor who sells such Penalties,
articles or exercises such trade without a permit, if one is
required, or who violates the conditions of his permit or
any provision of said regulations shall be punished by a
fine of not more than ten dollars for each offence. Any
person who, having a minor under his control, knowingly
permits him to violate any provision of this act, and any
person who procures or employs a minor to violate any pro-
vision of this act, and any person who either for himself
or as agent of any other person or of any corporation know-
ingly furnishes or sells to any minor any of the articles
aforesaid with knowledge that the minor intends to sell
said articles in violation of the provisions of this act, after
having received written notice from the school committee
that the minor is not authorized to sell said articles, shall be
punished by a fine of not more than two hundred dollars
or by imprisonment for not more than six months.
Section 5. Chapter sixty-five of the Revised Laws is r. l. 65. § is,
hereby amended by striking out section eighteen and insert- ^'^^^
ing in place thereof the following: — Section 18. A parent Penalty on
or other person who employs a minor in peddling without a ploying minor
permit or license, if one is required, or who, having the care etc^ '^^'
or custody of a minor, permits him to engage in such em-
ployment, shall be punished by a fine of not more than two
hundred dollars or by imprisonment for not more than six
months.
Section 6. Section nineteen of chapter sixty-five of the r. l. 65. § i9.
Revised Laws, as amended by chapter two hundred and ^ ^" ^^^^
four of the acts of the year nineteen hundred and five, by
section one of chapter five hundred and seventy-one of the
acts of the year nineteen hundred and seven, by chapter
one hundred and ninety-two of the acts of the year nineteen
hundred and twelve, and by section one of chapter two
hundred and fifty-three of the General Acts of the year
nineteen hundred and fifteen, is hereby further amended
by striking out the said section and inserting in place thereof
the following: — Section 19. The commissioner of weights Pediers*
J 1 1* J. i_ J. • e licenses.
and measures may grant a license to go about exposing tor
220
General Acts, 1916. — Chap. 242.
Applicant to
make oath, etc
Fees.
State licenses,
etc.
R. L. 65, § 20,
etc., amended.
sale or barter and selling or bartering any goods, wares or
merchandise, the sale of which is not prohibited by section
fourteen, to any person who files in his office a certificate
signed by the mayor of a city or by a majority of the select-
men of a town, stating that to the best of his or their knowl-
edge and belief the applicant therein named is of good
repute as to morals and integrity, and is, or has declared
his intention to become, a citizen of the United States.
The mayor or selectmen, before granting such certificate,
shall require the applicant to make oath that he is the
person named therein, and that he is, or has declared his
intention to become, a citizen of the United States. The
oath shall be certified by a justice of the peace and shall
accompany the certificate. The commissioner shall cause
to be inserted in every such license the amount of the license
fee and the name of the city or town for which it is issued.
The licensee may sell or barter in any city and town
mentioned in his license any goods, wares or merchandise,
not prohibited in section fourteen, upon payment to the
commissioner of the following fees: for each town containing
not more than one thousand inhabitants, according to the
then latest census, state or national, four dollars; for each
town containing more than one thousand and not more than
two thousand inhabitants, seven dollars; for each town con-
taining more than two thousand and not more than three
thousand inhabitants, nine dollars; for each town contain-
ing more than three thousand and not more than four thou-
sand inhabitants, eleven dollars; and for each city and for
.all other towns, eleven dollars, and one dollar for every one
thousand inhabitants thereof over four thousand; but the
fee shall in no case exceed twenty-six dollars, and the amount
paid shall be certified on the face of the license. The com-
missioner shall retain one dollar for every city and town
named in each of the above described licenses, and shall
pay% over to the respective cities and towns at least semi-
annually the balance of said fees so received. The commis-
sioner may grant, as aforesaid, special state licenses upon
payment by the applicant of fifty dollars for each license;
and the licensee may expose for sale or barter in any city
or town in the commonwealth any fish, fruits, vegetables,
or other goods, wares or merchandise, the sale of which is
not prohibited by statute.
Section 7. Section twenty of chapter sixty-five of the
Revised Laws, as amended by section two of chapter two
General Acts, 1916. — Chap. 242. 221
hundred and fifty-three of the General Acts of the year
nineteen hundred and fifteen, is hereby further amended by
striking out the said section and inserting in place thereof
the following : — Section 20. The commissioner of weights County
and measures may also grant as aforesaid special county "'®^^®*-
licenses for each county mentioned therein; and the licensee
may expose for sale or barter within such county any goods,
wares or merchandise manufactured by himself or by his
employer and not prohibited in section fourteen, upon
paying to the commissioner the amounts following: for Fees.
Suffolk, Essex, Middlesex and Worcester, each, five dollars;
for Norfolk, Plymouth, Bristol, Berkshire and Hampden,
each, four dollars; for Franklin, Hampshire and Barnstable,
each, three dollars; and for Dukes County and Nantucket,
each, two dollars. The license shall describe the manu-
factured article or articles to be sold or bartered under it
and shall not authorize the sale or barter of any other article
by the licensee. The commissioner shall retain one dollar
for every county named in each of the above described
licenses, and shall pay over to the treasurers of the respective
counties at least semi-annually the balance of said fees so
received.
Section S. Section twenty-three of chapter sixty-five of ^^^-^^j.-^j
the Revised Laws, as amended by section four of chapter
two hundred and fifty-three of the General Acts of the
year nineteen hundred and fifteen, is hereby further amended
by striking out the said section and inserting in place thereof
the following : — Section 23. The commissioner of weights Record, etc.,
and measures shall keep a record of all licenses granted by °^^'^^^^^^-
him, with the number of each, the name and residence of
the licensee, and the counties, cities and towns, if any,
mentioned therein, and of all transfers of licenses; and
all such records shall be open to public inspection. This
chapter or a synopsis thereof shall be printed on every
license. All licenses granted under the provisions of this
chapter shall bear date of the day on which they are issued,
and shall continue in force for one year from that date.
Section 9. Section twenty-four of chapter sixty-five of R- L- ^' j 24.
the Revised Laws, as amended by section five of chapter
two hundred and fifty-three of the General Acts of the year
nineteen hundred and fifteen, is hereby further amended by
striking out the said section and inserting in place thereof
the io\\ov:mg: — Section 24. All of the aforesaid fees paid S'fee°''*'°"
to the commissioner shall be for the use of the common-
222
General Acts, 1916. — Chap. 242.
Revocation
of license.
R. L. 65, § 25,
etc., amended.
Posting name
of licensee.
Badge, plates
or tags to be
provided.
R. L. 65, § 26,
amended.
Effect of
licenses on
prosecution.
wealth; and all such fees paid to the treasurer of a county,
city or town shall be for the use of the county, city or town.
Any license granted by the commissioner of weights and
measures, under the provisions of this chapter, or of any act
in amendment thereof or in addition thereto, may be re-
voked by the commissioner upon conviction of the licensee
of any crime which, in the judgment of the commissioner,
warrants such revocation. Whenever any person is con-
victed of a violation of any provision of this chapter or a
licensee is convicted of any crime, the commissioner shall
be notified by the clerk or trial justice of the court in which
the conviction occurred.
Section 10. Section twenty-five of chapter sixty-five of
the Revised Laws, as amended by section six of chapter two
hundred and fifty-three of the General Acts of the year
nineteen hundred and fifteen, is hereby further amended by
striking out the said section and inserting in place thereof
the following : — Section 25. Every person licensed to
peddle as aforesaid shall endorse his usual signature upon
his license. The licensee shall produce his license for in-
spection when the same is demanded of him by a mayor,
alderman, selectman, commissioner or inspector or sealer
of weights and measures, city or town treasurer or clerk,
constable, police officer or justice of the peace, and if he
fails or refuses so to do shall be subject to the same penalty
as if he had no license. The commissioner of weights and
measures shall, at the expense of the licensee, provide a
badge for each foot pedler and plates or tags for each pack,
parcel, wagon, or other vehicle used in peddling. Such
badges, plates or tags shall bear the number of the license,
the word "pedler", and such other information as the
commissioner may deem necessary. Each foot pedler shall
wear his badge in a conspicuous place, and each wagon or
other vehicle shall bear the name of the licensee plainly
inscribed or painted on the body of the vehicle, and shall
also have attached to the front or side of the body of the
vehicle, in a place where it may readily and plainly be seen,
the plate or tag provided by the commissioner with the
license number attaclied thereto.
Section 11. Chapter sixty-five of the Revised Laws is
hereby amended by striking out section twenty-six and in-
serting in place thereof the following : — Section 26. No
license to go about offering for sale, bartering or selling as
aforesaid shall defeat or bar a prosecution against the person
General Acts, 1916. — Chap. 243. 223
licensed, if it is proved that he exposed for sale any articles,
except such as are permitted by section fifteen, in a county,
city or town in wliich he was not licensed to sell.
Section 12. Chapter sLxty-five of the Revised Laws is R- l es, § 27.
hereby amended by striking out section twenty-seven and
inserting in place thereof the following : — Section 27. Counterfeiting
^ ^ „ . p , . " , licenses, etc.
Vvhoever counterfeits or forges a license, or has a counter-
feited or forged license in his possession with intent to utter
or use the same as true, knowing it to be false or counterfeit,
and whoever attempts to sell under a license which has
expired or is forfeited, or which has not been issued or
transferred to him, or has in his possession another's license
with intent to use the same, shall be punished by a fine not
exceeding one thousand dollars. Approved May 22, 1916.
An Act relative to delinquent children. C/iap. 243
Be it enacted, etc., as follows:
Section 1. Section five of chapter four hundred and amended.^ ^'
thirteen of the acts of the year nineteen hundred and six is
hereby amended by inserting after the word "cases", in the
eighth line, the words: — except that the trial of the said
appeals in the superior court shall not be in conjunction
with the other business of that court, but shall be held in a
session set apart and devoted for the time being exclusively
to the trial of juvenile cases. This shall be known as the
juvenile session of the superior court, and shall have a
separate trial list and docket. All juvenile appeal cases in
the superior court shall be transferred to this list, and shall
be tried, unless otherwise disposed of by direct order of the
court. In any appeal case the superior court before passing
sentence or before ordering other disposition shall be supplied
with a report of any investigation thereon made by the
probation officer of the court from which the appeal was
taken, — . so as to read as follows : — Section 5. Hearings Hearings
upon cases arising under this act may be adjourned from deunq^ulnt °^
time to time. A child that has been adjudged by the court be'Ldjoumed.
a wayward or delinquent child may appeal to the superior
court, and such child shall, at the time of such adjudica-
tion, be notified of its right to appeal. The appeal, if taken. Appeal to
'shall be entered, tried and determined in like manner as |^p®"°'"''°" •
appeals from trial justices in criminal cases, except that
the trial of the said appeals in the superior court shall not
be in conjunction with the other business of that court.
224
General Acts, 1916. — Chap. 243.
Juvenile session
superior court.
Certain pro-
visions of law
to apply.
Care of child
held for
examination.
May be
committed to
jail in certain
cases.
Authority of
probation
officer.
1906, 413, § 0,
amended.
but shall be held in a session set apart and devoted for the
time being exclusively to the trial of juvenile cases. This
shall be known as the juvenile session of the superior court,
and shall have a separate trial list and docket. All juvenile
appeal cases in the superior court shall be transferred to
this list, and shall be tried, unless otherwise disposed of
by direct order of the court. In any appeal case the superior
court before passing sentence or before ordering other dis-
position shall be supplied with a report of any investiga-
tion thereon made by the probation officer of the court
from which the appeal w'as taken. The provisions of section
thirty-four of chapter two hundred and seventeen, and of
section twenty-two of chapter two hundred and nineteen
of the Revised Laws, relative to recognizances in cases con-
tinued or appealed, shall be applicable in cases arising under
this act.
A child under fourteen years of age, wdio has been held
for examination or trial, or to prosecute an appeal to the
superior court, if unable to furnish bail, shall be committed
to the care of the state board of charity or of a probation
officer. The person to whose care it is so committed shall
provide for its safe keeping and for its appearance at its
examination or trial, or at the prosecution of its appeal.
A child fourteen or more years of age, so held, if unable
to furnish bail shall be so committed to a probation officer,
unless the court, upon immediate inquiry, shall be of opinion
that, if so committed, such child will not appear at such
examination or trial, in which case said child may be com-
mitted to jail.
Said probation officer shall have all the authority, rights
and powers, in relation to a child committed to his care
under this section, and in relation to a child released to him,
as provided in section three, which he would have if he were
surety upon the recognizance of such a child.
Section 2. Section six of said chapter four hundred and
thirteen is hereby amended by striking out all after the
word "kept", in the fifth line, down to and including the
word "trials", in the seventh line, and inserting in place
thereof the following : — Said session shall be separate from
that for the trial of criminal cases, shall not be held in con-
junction with other business of the court, and shall be held
in rooms not used for criminal trials; and in places where
no separate juvenile court room is provided the hearings,
so far as possible, shall be held in chambers, — and by
General Acts, 1916. — Chap. 243. 225
adding at the end of the section, the words: — and the
court shall have power to exclude the general public from
the room, admitting only such persons as may have a direct
interest in the case, — so as to read as follows: — (Sec- Court to
tion 6. Courts shall designate suitable times for the hearing foThearing^^
of cases of juvenile offenders, and wayward or delinquent ®*°'
children, which shall be called the session for children, for
which a separate docket and record shall be kept. Said
session shall be separate from that for the trial of criminal
cases, shall not be held in conjunction with other business
of the court, and shall be held in rooms not used for criminal
trials; and in places where no separate juvenile court room
is provided the hearings, so far as possible, shall be held in
chambers. No minor shall be allowed to be present at any session to be
such hearing unless his presence is necessary, either as a p"^^*®'^*°-
party or as a witness, or, in the opinion of the court, in the
interests of justice; and the court shall have power to
exclude the general public from the room, admitting only
such persons as may have a direct interest in the case.
Section 3. Section eight of said chapter four hundred ^^g'^^^^j ^ ^'
and thirteen is hereby amended by inserting after the word
"girls", in line twenty-four, the following: — until dis-
charged by the trustees of the school, but not for a longer
period than, — and also by inserting after the word "years",
in the twenty-fifth line, the words: — ; but nothing in this
act shall affect or abridge the powers of said trustees to
parole, — so as to read as follows : — Section 8. At the hear- Court to
ing of a complaint against a child the court shall examine casS.'etc.
such child, and any witnesses that appear, and take such
testimony relative to the case as shall be produced. If the
allegations against a child are proved, it may be adjudged
a wayward or delinquent child, as the case may be.
If a child is adjudged a wayward child, the court may wa>T\'ard
place it in the care of a probation officer for such time and phiced"in^care
upon such conditions as may seem proper, or may deal offi^e°'^^*'^°°
w^th it in the manner provided by law for the disposal of
the case of a neglected child.
If a child is adjudged a delinquent child, the court may Careof
place the case on file, or may place the child in the care of chiid?efc°*
a probation officer for such time and on such conditions as
may seem proper. If it is alleged in the complaint upon
which the child is so adjudged, that a law of the common-
wealth has been violated, the court may, with the consent
of the state board of charity, authorize said board to take
226
General Acts, 1916. — Chap. 243.
Parole, etc.
May be com-
mitted to
institution.
1906, 413, § 13,
amended.
Parent of child
may be pun-
ished, etc.
Releases on
probation, etc.
and indenture such child, or place it in charge of any person,
and if at any time thereafter such child proves unmanage-
able, to commit such child, if a boy under fifteen years of
age, to the Lyman school for boys, or if a girl under seven-
teen years of age, to the state industrial school for girls,
until discharged by the trustees of the school, but not for a
longer period than until such child attains the age of twenty-
one years; but nothing in this act shall affect or abridge
the powers of said trustees to parole. Said board may
provide for the maintenance, in whole or in part, of any
child so indentured or placed in charge of any person.
The court shall also have power to commit such delin-
quent child to any institution to which it might be com-
mitted upon a conviction for such violation of law, except-
ing a jail or house of correction, and all laws applicable to
a boy or girl committed upon such a conviction shall apply
to a delinquent child committed under this section.
Section 4. Said chapter four hundred and thirteen is
hereby further amended by striking out section thirteen and
inserting in place thereof the following: — Section 13. Any
parent or guardian or person having the custody or control
of a wayward or delinquent child, as defined by this act,
who shall be found to have knowingly or willfully encouraged,
aided, caused or abetted, or connived at, or has knowingly
or wilfully done any act or acts to produce, promote or con-
tribute to the delinquency or waywardness of such child
shall be guilty of a misdemeanor, and may be punished by
a fine of not more than fifty dollars or by imprisonment for
not more than six months. The court, however, may re-
lease on probation under the provisions of section eighty-
four of chapter two hundred and seventeen of the Revised
Laws, as amended by chapter eight of the acts of the year
nineteen hundred and eleven, subject to such orders as it
may make as to future conduct tending to produce or con-
tribute to such delinquency or waywardness, or it may
suspend sentence under the provisions of section one of
chapter two hundred and twenty of the Revised Laws, as
amended by chapter six hundred and fifty-three of the acts
of the year nineteen hundred and thirteen, or before trial,
with the defendant's consent, it may allow the defendant
to enter into a recognizance, in such penal sum as the court
may fix, conditioned to comply with such terms as the
court may order for the promotion of the future welfare of
the child, ^nd the said case may then be placed on file. The
General Acts, 1916. — Chap. 244. 227
provisions for appeal and recognizance stated in section
five of this act shall be applicable to cases arising under this
section. The Boston juvenile court shall have jurisdiction, Boston juvenile
concurrent with the municipal court of the city of Boston, concurr°enr^
of complaints under this section. jurisdiction.
Section 5. This act shall take effect upon its passage.
Ayyroved May 22, 1916,
An Act to ai-thorize the pltblic service commission QJkuj 244
TO order street railway comp.\nies to build reason-
ABLE extensions OF THEIR LINES.
Be it enacted, etc., as follows:
Section twentv-three of chapter seven hundred and ^^^^' l^S § 23,
eighty-four of the acts of the year nineteen hundred and
thirteen is hereby amended by inserting after the word
"hearing", in the twelfth line, the words: — to order any
street railway company to build and operate anj' just and
reasonable extensions of its lines for which it may have or
may be granted locations and, — so as to read as follows:
— Section 23. Whenever the commission shall be of opinion, Public servi(
after a hearing had upon its own motion or upon complaint, w"'^^'°°'
amended.
ings upon
that the regulations, practices, equipment, appliances or service, etc.
service of any common carrier, now or hereafter subject to
its jurisdiction, are unjust, unreasonable, unsafe, improper
or inadequate, the commission shall determine the just,
reasonable, safe, adequate and proper regulations and prac-
tices, thereafter to be in force and to be observed, and the
equipment, appliances and service thereafter to be used and
shall fix and prescribe the same by order to be served upon
every common carrier to be bound thereby. The commission May order
shall have power after such a hearing, to order any street companTe^fo
railway company to build and operate anv just and reason- ^."/''^ reason-
., . r>. !• (. ^ ' 1 ^ able extensions
able extensions or its lines for which it may have or may of their lines.
be granted locations and to order from time to time that a
railroad company shall operate its lines, of standard gauge,
or such parts thereof as the commission shall prescribe, by
electric power instead of by steam power, and in its order
shall prescribe the time within which the work of electrifica-
tion shall be done. Before making such order, the com-
mission shall consider the relative importance and necessity
of the changes in any specific regulations, practices, equip-
ment and appliances proposed to be included therein and
228
General Acts, 1916. — Chap. 245.
Orders of com-
mission to be
obeyed, etc.
of other changes which may be brought to its attention in
the course of the hearing, the financial abihty of the carrier
to comply with the requirements of the order, and the effect
of the carrier's compliance therewith, upon its financial
ability to make such other changes, if any, as may be deemed
by the commission of equal or greater importance and
necessity in the performance of the service which the carrier
has professed to render to the public. It shall be the duty
of every such common carrier to observe and obey every
requirement of every such order so served upon it, and to
do everything necessary or proper in order to secure absolute
compliance with and observance of every such order by all
its officers, agents and employees.
A'piwoved May 23, 1916.
Metropolitan
park com-
mission to
provide better
highway ap-
proach to
Boston em-
bankment of
Charles river
basin.
Chap.24i5 An Act to authorize the metropolitan park commis-
sion TO PROVIDE A BETTER HIGHWAY APPROACH TO THE
boston EMBANKMENT ON THE CHARLES RIVER BASIN.
Be it eiiaded, etc., as foUoics:
Section 1 . The metropolitan park commission is hereby
authorized to acquire, by taking or otherwise, land for the
widening of Otter street between Beacon street and Back
street, so-called, and the Boston Embankment in the city
of Boston, and to that end to exercise all the powers con-
ferred upon said board by chapter four hundred and seven
of the acts of the year eighteen hundred and ninety-three,
and by chapter five hundred and twenty-four of the acts of
the year nineteen hundred and nine, and by acts in amend-
ment thereof and in addition thereto. The cost of ac-
quiring the land for and of constructing the said street so
widened shall be paid from any funds available for the con-
struction and completion of said basin. The land acquired
under this act shall form a part of the Charles River Basin
as defined by chapter five hundred and twenty-four of the
acts of the year nineteen hundred and nine.
Section 2. This act shall take effect upon its passage.
Approved May 24, 1916.
General Acts, 1916. — Chaps. 246, 247, 248. 229
An Act relative to the salary of ellen mudge Chap. 246
BURRILL AS CASHIER IN THE DEPARTMENT OF THE
SERGEANT-AT-ARMS.
Be it enacted, etc., as follows:
Section 1. The salary of Ellen Mudge Burrill as cashier Salary of
in the department of the sergeant-at-arms shall be fourteen Burriii
1 1 1 1 11 established.
hundred dollars a year.
Section 2. This act shall take effect upon its passage.
Approved May 24, 1916.
An Act relative to the time of electing senators in Chap. 247
CONGRESS.
Be it enacted, etc., as follows:
Section 1. Section two hundred and seventy-seven of ^^i^-^^^^^^ ^ 2-7.
chapter eight hundred and thirty-five of the acts of the
year nineteen hundred and thirteen is hereby amended by
inserting after the word "electors", in the eighth line, the
words : — and senators in congress, — so as to read as
follows : — Section 277. The annual state election for the Annual state
choice of governor, lieutenant governor, councillors, secre- officers'^ to *'^'''
tary, treasurer and receiver general, attorney-general, be chosen,
auditor of the commonwealth, and senators and repre-
sentatives in the general court, shall be held on the Tuesday
next after the first Monday in November. There shall
also be chosen at the annual state election, when required
by law, presidential electors, and senators in congress, and,
in their respective districts or counties, representatives in
congress, district attorneys, clerks of the courts, registers
of probate and insolvency, registers of deeds, county com-
missioners, associate commissioners, sheriffs and county
treasurers.
Section 2. This act shall take effect upon its passage.
Approved May 24, 1916.
Chap.24S
An Act relative to the reports of the attorney-
general.
Be it enacted, etc., as follows:
Section 1 . Section eight of chapter seven of the Revised ^c.^'amelded.
Laws, as amended by chapter five hundred and eighty-six
of the acts of the year nineteen hundred and eight, is hereby
230
General Acts, 1916. — Chaps. 249, 250.
Annual report
of the attor-
ney-general.
Reports of
capital trials.
further amended by inserting before the word "cases", in
the second line, the words : — number of, — so as to read as
follows: — Section 8. He shall annually report to the
general court the number of cases tried, argued or conducted
by him during the preceding year, with suggestions and
recommendations as to the amendment and the proper and
economical administration of the laws. He shall include
therein a statement of his acts under the preceding section
with suggestions and recommendations relative thereto.
He may, with the approval of the governor and council,
prepare and publish such reports of capital trials as he
deems expedient for public use. One copy shall be sent to
each public and law library in the commonwealth, and the
balance may be sold, or otherwise disposed of, at the dis-
cretion of the secretary of the commonwealth.
Section 2. This act shall take effect upon its passage.
Approved May 2J^, 1916.
Chap. 249 An Act to authorize the board of prison commis-
sioners TO employ an additional woman agent.
Be it enacted, etc., as follows:
Section 1. The board of prison commissioners is hereby
authorized to employ an additional woman agent, at a
salary of one thousand dollars a year.
Section 2. This act shall take effect upon its passage.
Approved May 24, 1916.
Board of prison
commissioners
may employ
additional
woman agent.
Chap. 250 An Act to provide for the completion of the state
house grounds.
Be it enacted, etc., as follows:
state house Section 1. For tlic purposc of completing the state
commission to , i,i,,i •• iii i
complete state housc grouuds, the statc house commission shall purchase
house grounds. ^^ ^^^^ .^ ^^^ simplc, iu behalf of the commonwealth, subject
to the approval of the governor and council, the property
adjoining the state house on the west, bounded by Hancock
avenue. Beacon street, and a line between the estates of
the Massachusetts Society for the Prevention of Cruelty
to Animals and William Endicott, between Beacon street
and Joy place; and the provisions of chapter two hundred
and sixty-two of the acts of the year eighteen hundred and
eighty-two, relating to the manner of taking and the esti-
with state art
commission.
General Acts, 1916. — Chap. 250. 231
matlon and payment of damages shall apply to the taking
under this act. The said commission shall cause to be
removed all the buildings now standing on said property,
and shall cause to be prepared plans for the completion of
the state house grounds, covering both the lands so taken
and adjoining land of the commonwealth. The commission To consult
is directed to consult with, and to obtain the co-operation
of, the state art commission, in the preparation of the said
plans, and to report the same, with the estimates thereon,
to the next general court not later than the second Wednes-
day in January, with such recommendations as it may
deem advisable.
Section 2. The said commission is hereby authorized J^n^r™ts.°
to make on behalf of the commonwealth all contracts for the
doing of said work: provided, that all work shall be done by Proviso.
express contract and that proposals for work or material
exceeding two thousand dollars in value shall be advertised
for in at least two daily papers published in the city of
Boston, and one each in the cities of Worcester, Spring-
field, Fall River, Lowell and Lawrence. All contracts shall
be approved by the governor and council. The work of re- work to begin
moval of the old buildings and the doing of the work herein ^* °^'^^'
provided for shall begin as soon as is possible after the
passage of this act.
Section 3. In order to defray the expenses which may Bond issue.
be incurred in carrying out the provisions of this act, the
treasurer and receiver general is hereby authorized to issue,
in the name of the commonwealth, bonds or scrip to an
amount not exceeding seven hundred thousand dollars.
The said bonds or scrip shall be issued upon the serial pay-
ment plan from time to time as may be necessar^^, in such
amounts and upon such terms, and shall be payable serially
in such amounts and at such times, within a period not
exceeding thirty years, as shall be determined by the treas-
urer and receiver general with the approval of the governor
and council, to be for the best interests of the common-
wealth.
Section 4. This act shall take effect upon its passage.
Approved May 24, 1916.
232
General Acts, 1916. — Chaps. 251; 252.
Discharge and
substitution of
bonds given
to the com-
monwealth.
Chap. 251 An Act relative to the discharge and substitution
OF BONDS given TO THE COMMONWEALTH.
Be it enacted, etc., as follows:
Section 1. Bonds or other security given to the com-
monwealth to secure the performance of contracts for the
construction or repair of pubhc buildings or other public
works, or given in accordance with section seventy-seven of
chapter six of the Revised Laws, may be discharged or re-
leased by the governor, with the advice and consent of the
council, upon such terms as may be deemed expedient,
after the expiration of sixty-five days from the time of the
completion of the work contracted to be done: provided,
that no claim filed under the provisions of section seventy-
seven of chapter six of the Revised Laws is pending; and
new bonds or other security in substitution therefor may be
taken by the governor, with like advice and consent.
Section 2. This act shall take effect upon its passage.
Approved May 24, 1916.
Proviso.
1910, 624. § 1,
amended.
Chap. 252 An Act to authorize the appointment of town clerks
AS TOWN ACCOUNTANTS.
Be it enacted, etc., as follows:
Section 1. Section one of chapter six hundred and
twenty-four of the acts of the year nineteen hundred and
ten is hereby amended by adding at the end thereof the
words : — provided, however, that the town clerk, if he holds
no office involving the receipt or disbursement of money
other than the office of town clerk, may be appointed town
accountant, — so as to read as follows: — Section 1. Any
town, at a town meeting lawfully called for the purpose,
may authorize the selectmen to appoint a town accountant
and he shall perform all of the duties and possess all of the
powers of town auditors as defined in sections seventy-nine
and eighty of chapter twenty-five of the Revised Laws and
chapter three hundred and twenty-two of the acts of the
year nineteen hundred and four. In towns authorizing the
appointment of a town accountant as aforesaid the office of
town auditor may, if the town so vote, be abolished. The
appointment of the town accountant shall be subject to
the provisions of chapter nineteen of the Revised Laws and
the rules thereunder, provided that said chapter has been
Appointment
of town
accountants
by selectmen.
General Acts, 1916. — Chap. 253. 233
accepted by said town. The town accountant shall be sworn To be sworn,
to the faithful performance of his duties, shall hold no other ^^'
town office involving the receipt or disbursement of money,
shall receive such salary as the town shall vote and shall
hold office for three years and until his successor has been
appointed and has qualified: proMed, however, that the Proviso,
town clerk, if he holds no office involving the receipt or dis-
bursement of money other than the office of town clerk, may
be appointed town accountant.
Section 2. This act shall take efi'ect upon its passage.
Approved May 24, 1916.
Chap.25S
An Act to provide for widening and deepening the
channel in the mystic river.
Be it enacted, etc., as follows:
Section 1. Section one of chapter five hundred and '^^'^^^g^j ^ i.
fifty-five of the acts of the year nineteen hundred and four-
teen is hereby amended by striking out the words "from a
point opposite Island End river to a point near Waterman's
wharf, so-called: 'provided, that the directors are satisfied
that the owners or lessees of the said wharf will build a
terminal of proper proportions and capacity for use by
ocean going steamers ", in the third to the eighth lines, in-
clusive, so as to read as follows: — Section 1. The directors Directors of
of the port of Boston are hereby authorized and directed to may wid°n*^°°
extend, deepen and improve the present channel in the channel m"
INJystic river. For this purpose a sum not exceeding seventy- Cystic river.
five thousand dollars may be expended from the loan pro-
vided by section seventeen of chapter seven hundred and
forty-eight of the acts of the year nineteen hundred and
eleven.
Section 2. There is hereby appropriated, to be paid out Appropriation,
of the principal of the Harbor Compensation Fund, as
established by section twenty-three of chapter ninety-six
of the Revised Laws, a sum not exceeding two hundred
thousand dollars, to be expended under the direction of
the directors of the port of Boston for widening, deepening
and extending the channel in the IMystic river between the
Chelsea and Maiden bridges, so-called.
Section 3. This act shall take effect upon its passage.
Approved May 24, 1916.
234 General Acts, 1916.— Chaps. 254, 255, 256, 257.
Chap. 254: An Act to establish the salaries of the helpers in
THE engineer's DEPARTMENT IN THE STATE HOUSE.
Be it enacted, etc., as follows:
heipe'rTin^ Section 1. The Salaries of the helpers in the engineer's
engineer's department in the state house shall be nine hundred dollars
department at ^
state house a year.
Section 2. This act shall take effect upon its passage.
Approved May 21^, 1916.
Chap. 255 An Act to establish the salaries of the firemen em-
ployed IN THE STATE HOUSE.
Be it enacted, etc., as follows:
Salaries of SECTION 1. The firemen employed in the state house
firemen em- i n i • i • in i n
ployed in state shall DC paid nineteen dollars and twentv-nve cents per
house estab- , .. i
lished. week.
Section 2. This act shall take effect upon its passage.
Approved May 24, 1916.
Chap.25Q An Act relative to municipal liens for public im-
provements.
Be it enacted, etc., as follows:
to'certLln^" Section 1. Chapter two hundred and twenty-seven of
municipal liens thc Gcucral Acts of the year nineteen hundred and fifteen,
being an act relative to municipal liens for public improve-
ments, is hereby repealed.
Acta re-enacted. Section 2. All acts and parts of acts, to the extent that
the same were repealed by said chapter two hundred and
twenty-seven, are hereby revived and re-enacted.
Approved May 24, 1916.
Chap. 257 An Act relative to the retirement system for public
SCHOOL teachers.
Be it enacted, etc., as follows:
^mended ^ ^' Section 1 . Scctioii ouc of chapter eight hundred and
thirty-two of the acts of the year nineteen hundred and
thirteen is hereby amended by striking out paragraph (6)
"Regular and inserting in place thereof the following: — (6) "Regular
term'defined. interest" sliall mean interest at the rate determined by
the retirement board and shall be substantially that which
General Acts, 1916. — Chap. 258. 235
is actually earned, which shall be compounded annually
on the last day of December of each year.
Section 2. Paragraph (5) of section six of said chapter iflis, 832. } 6,
eight hundred and thirty-two is hereby amended by striking *
out the words "regular interest", in the twentieth line, and
inserting in place thereof the words: — three per cent
interest compounded annually, — so as to read as follow^s:
— (5) Any teacher who shall have become a member of the service for
... iji •• i> 1 which teachers
retirement association under the provisions oi paragraph may be retired.
numbered (2) of section three, and who shall have served
fifteen years or more in the public schools of the common-
wealth, not less than five of which shall immediately precede
retirement, shall, on retiring as provided in paragraphs (1)
and (2) of this section, be entitled to receive a retirement
allowance as follows: — • (a) such annuity and pension as
may be due under the provisions of paragraphs numbered
(3) and (4) of this section; (6) an additional pension to
such an amount that the sum of this additional pension and
the pension provided in paragraph (4) of this section shall
equal the pension to which he would have been entitled
under the provisions of this act if he had paid thirty assess-
ments on his average yearly wage for the fifteen years pre-
ceding his retirement and at the rate in effect at the time of
his retirement: provided, (1) that if his term of service in Provisos,
the commonwealth shall have been over thirty years the
thirty assessments shall be reckoned as having begun at
the time of his entering service and as drawing three per
cent interest compounded annually until the time of re-
tirement; and further provided, (2) that if the sum of such
additional pension together with the annuity and pension
provided for by paragraphs numbered (.3) and (4) of this
section is less than three hundred dollars in anj'^ one year,
an additional sum sufficient to make an annual retirement
allowance of three hundred dollars shall be paid from the
pension fund. Approved May 21^, 1916.
An Act relative to a half holiday for laborers and (JJiq^jj 258
mechanics of the metropolitan water and sewer-
age board and the metropolitan park commission.
Be it enacted, etc., as follows:
Section one of chapter five hundred and twenty-eight of i?i2, 528, § i.
the acts of the year nineteen hundred and twelve, as amended
by chapter four hundred and fifty-five of the acts of the
236
General Acts, 1916. — Chaps. 259, 260.
Half holiday
for laborers,
etc., of metro-
politan water
and sewerage
board and met-
ropolitan park
commission.
year nineteen hundred and fourteen, is hereby further
amended by striking out the word "permanent", in the
first and thirteenth Hues, respectively; and also by striking
out the words "during the months of April, May, June,
July, August and September", in the seventh and eighth
lines, so as to read as follows: — Section 1. Laborers
and mechanics in the service of the metropolitan water and
sewerage board or the metropolitan park commission, except
those employed in the pumping stations of the metropolitan
water and sewerage board and at the bath houses under the
control of the metropolitan park commission, shall be given
a half holiday each week without loss of pay, and, if practi-
cable, the half holiday shall be on Saturday. If, however,
the public service so requires, the metropolitan park com-
mission and the metropolitan water and sewerage board
may at any time during the year give to the laborers and
mechanics in their service, in lieu of the said half holidays,
days off duty without loss of pay equivalent in time to the
half holidays which would otherwise be given under this
act. Approved May 24, 1916.
Chap. 259 An Act to require notice of certain changes by street
RAILWAY companies.
Be it enacted, etc., as follows:
Section 1. All street railway companies, now existing
or hereafter established, shall furnish the public with full
information, by notice posted for seven consecutive days
prior to the date when the same are to take effect in the
cars on the lines affected, of any intended change in the
running of cars, or the discontinuance of any line, or any
change in the general public service of said companies.
Section 2. The public service commission shall give
notice to all such companies of the provisions of section one.
Section .3. This act shall take effect on the first day of
July in the year nineteen hundred and sixteen.
Approved May 24, 19.16.
Street railway
companies to
give notice to
public of
certain changes.
Notice by
public service
commission.
Time of taking
effect.
C/iap. 260 An Act relative to the definition of motor cycles.
Be it enacted, etc., as follows:
Section one of chapter five hundred and thirty-four of the
acts of the year nineteen hundred and nine, as amended by
section one of chapter two hundred and four of the acts of
1909, 534, § 1,
etc., amended
term defined.
General Acts, 1916. — Chaps. 261, 262. 237
the year nineteen hundred and fourteen, by section one of
chapter sixteen and also by chapter ninety-nine of the
General Acts of the year nineteen hundred and fifteen, is
hereby further amended by inserting after the word " astride",
in the third line of the eighth paragraph, the words : — or
a platform on which he stands, — so that said paragraph
will read as follows: — "Motor cycle" shall apply only to "Motorcycle,"
motor vehicles having but two wheels in contact with the
ground, and a saddle on which the driver sits astride, or a
platform on which he stands, and to bicycles having a
motor attached thereto and a driving wheel or wheels in
contact with the ground in addition to the wheels of the
bicycle itself. A-p'proved May 24, 1916.
An Act relative to the salaries of the justice, clerk (Jjidj) 261
AND assistant CLERK OF THE MUNICIPAL COURT OF THE
SOUTH BOSTON DISTRICT OF THE CITY OF BOSTON.
Be it enacted, etc., as follows:
Section 1. The salaries of the justice and clerk of the Salaries of
municipal court of the South Boston district of the city of of South
Boston, and of an assistant clerk of said court to be ap- ?r?ct wul-t'es-
pointed under the provisions of section eleven of chapter ta^iished.
one hundred and sixty of the Revised Laws, as amended
by chapter two hundred and eighty-nine of the acts of the
year nineteen hundred and eight, shall be as follows : —
justice, three thousand two hundred dollars; clerk, two
thousand dollars; assistant clerk, fifteen hundred dollars.
Section 2. This act shall take effect upon its acceptance Act to be
by the city council of the city of Boston, with the approval city"iouncii,°
of the mayor. Approved May 24, 1916. ^^''■
An Act relative to the salaries of the clerk and njid^ 262
FIRST ASSISTANT CLERK OF THE MUNICIPAL COURT OF
THE ROXBURY DISTRICT OF THE CITY OF BOSTON.
Be it enacted, etc., as follows:
Section 1. The annual salaries of the clerk and first Salaries of
assistant clerk of the municipal court of the Roxbury district assistant
of the city of Boston, shall be as follows: — clerk, three Roxbury dis-
thousand dollars; first assistant clerk, two thousand dollars. estabuXd.
Section 2. This act shall take effect upon its acceptance Act to be
by the city council of the city of Boston, with the approval city^ouncii,"
of the mayor. Approved May 24, 1916. ^*''-
238
General Acts, 1916. — Chaps. 263, 264, 265.
Chap. 263 An Act relative to the salary of the justice of the
MUNICIPAL court OF THE ROXBURY DISTRICT OF THE
CITY OF BOSTON.
Be it enacted, etc., as follows: "
Section 1. The annual salary of the justice of the
municipal court of the Roxbury district of the city of Boston
shall be four thousand five hundred dollars.
Section 2. This act shall take effect upon its acceptance
by the city council of the city of Boston, with the approval
of the mayor. Approved May 24, 1916.
Salary of
justice of
Roxbury dis-
trict court es-
tablished.
Act to be
submitted to
city council,
etc.
Chap.2Q4: An Act to provide that the second assistant register
OF PROBATE AND INSOLVENCY FOR THE COUNTY OF MIDDLE-
SEX MAY BE A WOMAN.
Be it enacted, etc., as follows:
Section 1. The second assistant register of probate and
insolvency for the county of Middlesex may be a woman.
Section 2. This act shall take effect upon its passage.
Approved May 25, 1916.
Second
assistant
register of
probate for
Middlesex
county may be
a woman.
Chap.2Q5 An Act relative to the protection of the public
HEALTH IN THE VALLEY OF THE NEPONSET RIVER.
Be it enacted, etc., as follows:
Section 1. Section four of chapter six hundred and
fifty-five of the acts of the year nineteen hundred and eleven
is hereby amended by striking out the said section and in-
serting in place thereof the following : — Section 4- The
said board shall make return to the treasurer of the com-
monwealth, and to the assessors of the towns hereinafter
named, schedules and plans showing the parcels of land
benefited by the work done or changes made under this
act, the areas of said parcels and the names of the owners
or occupants thereof so far as they can be ascertained, to-
gether with the amount of the benefits accruing to each of
said parcels; but the return to the assessors of any town
need only contain the above information so far as it relates
to that town.
Section 2. Section seven of said chapter six hundred
and fifty-five is hereby amended by inserting after the word
1911. 655, § 4,
amended.
Returns made
in connection
with protection
of public
health in valley
of Neponset
river.
1911, 655, § 7,
amended.
General Acts, 1916. — Chap. 265. 239
"received", in the fifth and sixth Hnes, the words: — as
determined under the provisions of section four or other-
wise, — so as to read as follows : — Section 7. The assessors Apportionment
of each of said towns and of said city shall annually divide
and apportion the sum which their respective municipalities
are required to pay upon the land benefited as hereinbefore
provided, during each of the said ten years, in proportion
to the benefit received, as determined under the provisions
of section four or otherwise, but no apportionment shall be
made that exceeds the special benefit received by the estate
assessed; and the said apportionment shall be added to
the tax assessed upon said lands, and shall constitute a lien
thereon to the same extent and for the same time that
taxes assessed are now a lien upon land assessed; and the
payment thereof shall be enforced in the manner provided by
law for the collection of ordinary taxes. Any land, the Saieofiand
.pi-1 IjIi h ■ for taxes, own-
owners or occupants oi which appear by the board s return era of which
to be unknown, if the owners or occupants are unknown '^'"'^ "°''"°'*'°-
to the assessors in the town or city where said land is situated,
shall be taxed to unknown owners, and shall be a valid tax
for the non-payment of which the land may be sold in the
same manner that land may now be sold for the non-pay-
ment of taxes. Any person or corporation assessed for Abatement
taxes under this act may apply for an abatement thereof,
and shall have the rights and be subject to the liabilities
pertaining to persons and corporations taxed under the
laws of the commonwealth.
Section 3. In addition to the sums already authorized Additional
to be expended by chapter six hundred and fifty-five of the
acts of the year nineteen hundred and eleven, and acts in
amendment thereof or in addition thereto, the further sum
of five thousand dollars may be expended under the direc-
tion of the state department of health for the purpose of
carrying out the provisions of this act, said sum of five
thousand dollars to be in addition to any unexpended balance
of previous appropriations for the protection of the public
health in the valley of the Neponset river.
The expense incurred under this act shall be paid and 1^^^^°^
repaid in accordance with the provisions of section five of
said chapter six hundred and fifty-five.
To meet that part of the expense incurred under this act Bond issue.
for which the commonwealth shall be chargeable, the treas-
urer and receiver general is hereby authorized to issue bonds
or certificates of indebtedness in accordance with the pro-
240 General Acts, 1916. — Chap. 266.
visions of section nine of said chapter six hundred and
fifty-five, to an amount not exceeding two thousand five
hundred dollars, the same to be in addition to the bonds or
certificates issued under chapter ninety-one of the resolves
of the year nineteen hundred and thirteen, chapter one
hundred and forty-three of the resolves of the year nineteen
hundred and fourteen, and chapter ninety-three of the
resolves of the year nineteen hundred and fifteen, the total
amount of bonds or certificates now to be issued and hereto-
fore authorized and issued being one hundred and five
thousand five hundred dollars. The remaining one half of
the expense incurred hereunder, in addition to the one half
of the expense incurred under the provisions of the acts and
resolves hereinbefore mentioned, shall be apportioned and
repaid to the commonwealth as provided in said chapter
six hundred and fifty-five of the acts of the year nineteen
hundred and eleven.
Section 4. This act shall take effect upon its passage.
Approved May 25, 1916.
Chap.26Q An Act relative to the use of trolleyimotors on
PUBLIC WAYS.
Be it enacted, etc., as follows:
Use of trolley- Section 1. Any corporatiou organized as hereinafter
motors on »/ x o
public ways provldcd, thc Massachusetts Highway Service Company,
a corporation organized under the laws of this common-
wealth, and any street railway company organized under said
laws, may, as hereinafter provided, transport for hire passen-
gers, freight, express parcels and mail over public ways or
over private lands with the consent of the owners thereof
by the system known as trolleymotor or trackless trolley,
and may build, equip, operate and maintain vehicles for
such transportation, and may establish and maintain power
. houses, poles, wires, conduits, or other structures within the
limits of and over or under such public or private ways for
the generation and transmission of electricity for the opera-
tion of such vehicles, and the authorities having jurisdiction
over such public ways may grant permits for the operation
of the said vehicles over such ways, and for the erection of
poles, wires and other necessary structures within or over
or under such public ways in the manner and to the extent
now provided by law for the granting of locations to street
railway companies.
General Acts, 1916. — Chap. 266. 241
Section 2. Fiv^ or more persons may associate them- incorporation
selves by written agreement of association with the intention moVor or'
of forming a trolleymotor or trackless trolley company. companLs™"^^
Section 3. The agreement of association shall state: Agreement of
(a) That the subscribers thereto associate themselves ^^^'^^ '°"-
with the intention of forming a trolleymotor or trackless
trolley company;
(b) The corporate name assumed, which shall be one
not in use by any other trolleymotor or trackless trolley
company, or by any street railway company, or, in the judg-
ment of the public service commission, so similar thereto as
to be likely to be mistaken for it, and shall contain words
indicating the object of the company;
(c) The termini of the proposed route;
(d) The length of the proposed route as nearly as may
be;
(e) The name of each county, city and town in which the
proposed route is to be situated;
(f) The total amount of the capital stock of the com-
pany, which shall not be less than two thousand dollars for
each mile, nor in any event less than twenty thousand
dollars;
(g) The par value of the shares, which shall be one
hundred dollars;
(h) The names and residences of at least five persons,
who shall be subscribers to the agreement of association, to
act as directors until others are chosen and qualify in their
stead. Each associate shall subscribe to the agreement of
association his name, residence, post office address, and the
number of shares of stock which he agrees to take, but no
subscriber shall be bound to pay more than ten per cent of
the amount of his subscription unless the company is in-
corporated.
Section 4. Except as is otherwise provided herein, cor- ceneraiiawa
porations organized under this act shall be organized in frreerralfway
accordance with the general laws governing the organization tHppry''^
of street railway companies so far as the same may be appli-
cable and not inconsistent with the provisions of this act.
Section 5. Every corporation undertaking to perform Corporation
in public ways the kind of public service authorized by this J^ermit!"'"'^*'
act shall first procure a permit from the authorities having
jurisdiction over such public ways in the manner prescribed
and in accordance with section seven of Part III of chapter
four hundred and sixty-three of the acts of the year nineteen
242
General Acts, 1916. — Chap. 266.
Proviso.
hundred and six and acts in amendment thereof and in
addition thereto, and the granting of such permit shall be
subject to the approval of the public service commission as
provided in said section for the location of street railways.
No such approval shall be given for any line any part of
which, in the opinion of the public service commission is
so nearly contiguous or adjacent to the line of a street rail-
way company that its construction would result in a com-
petitive service injurious to the public and to such street
railway company: provided, that the latter is ready and
willing and offers to construct and does construct, within
such reasonable time as may be fixed by the public service
commission, a line or lines of street railway or a line or lines
of trolleymotor or trackless trolley in the public way de-
scribed in the petition, which, in the opinion of the public
service commission, will serve the public as well as would the
proposed trackless trolley line described in the petition; and
no such approval shall be granted in any event if the public
service commission shall be of the opinion that the granting
of the same would be unduly injurious to any street railway
or trackless trolley line covering the same or substantially
the same territory.
Section 6. Every corporation undertaking to perform
the kind of public service authorized by this act shall there-
upon become a common carrier, with all the duties and lia-
bilities of common carriers, and the public service commis-
sion shall have the same jurisdiction over the operation
and the service rendered that it now has over street railway
companies, except that no corporation shall be required,
without its consent, to extend its trackless trolley service
beyond that described in its petition or petitions under
section five or in its offer to the public service commission
under said section, and the public service commission shall
have authority to permit the suspension or curtailment in
whole or in part of the trackless trolley service of any cor-
poration operating under authority of this act whenever, by
reason of weather or traffic conditions, or of the condition of
the highways, or the season of the year, such suspension or
curtailment may be desirable for the safety of the travelling
public or to avoid loss in operation.
Section 7. Every corporation doing business under this
governing street act shall bc subjcct to tlic provisious of the general laws now
companies. or hereafter in force governing street railway companies in
respect to the future issue of stocks and bonds, consolida-
To become
common
carrier.
To be subject
to laws
General Acts, 1916. — Chap. 267. 243
tion, leases, revocation of permits and locations; and shall
also, be subject to the same regulation and supervision, and
shall file with the public service commission the same re-
ports and information, required of street railway companies,
so far as such regulation, supervision and requirements are
applicable to corporations doing business hereunder and
are not inconsistent with the provisions hereof.
Section 8. The right of any corporation to erect poles, Time limit
1 ,t ■,. . 1 ..1 ., upon erection
Wires and other appliances m accordance with any permit of poles, etc.
granted under section five, and to operate trackless trolley
vehicles upon the line designated in such permit, shall cease
as to so much thereof as shall not be in operation within
two years after the date of approval by the public service
commission, or within such extension of said period of two
years as the commission may, after a hearing, grant.
Section 9. Any corporation doing business under this May purchase
electricity
act may purchase electricity from any person, firm or cor-
poration engaged in the manufacture or distribution of the
same, from any street railway compan}^ or from any city
or town engaged in the manufacture or distribution of
electricity, on such terms and conditions as may be approved
by the public service commission, and, with like approval,
may make contracts with any corporation already having
poles, wires, conduits or other structures or appliances
within the limits of public ways or on private lands for the
purchase or for the use of such poles, wires, conduits or
other structures.
Section 10. Any corporation doing business under this Real and
, 1 11111 iiiij_ personal estate.
act may purchase and hold such personal and real estate as
may be necessary or convenient for the operation of its lines.
Section 11. This act shall take effect upon its passage.
Approved May 25, 1916.
An Act relative to the compensation of assistant Qhav. 267
ENGINEERS IN THE STATE HOUSE.
Be it enacted, etc., as follows:
Section 1. The compensation of the assistant engineers Compensation
employed in the state house shall hereafter be fourteen en^neers'^l
hundred dollars a year. ^ f^mZl
Section 2. This act shall take effect upon its passage.
Approved May 26, 1916.
244
General Acts, 1916. — Chap. 268.
1907, 563, § 1,
etc., amended.
Taxation of
legacies and
successions,
etc.
Chap. 26S An Act relative to the taxation of legacies and
SUCCESSIONS.
Be it enacted, etc., as follows:
Section 1. Section one of chapter five hundred and
sixty-three of the acts of the year nineteen hundred and
seven, as amended by chapter two hundred and sixty-eight
of the acts of the year nineteen hundred and nine, codified
as section one of Part IV of chapter four hundred and ninety
of the acts of the year nineteen hundred and nine, and further
amended by section one of chapter five hundred and twenty-
seven of the acts of the year nineteen hundred and nine, and
by chapter six hundred and seventy-eight of the acts of the
year nineteen hundred and twelve, and by chapter four
hundred and ninety-eight of the acts of the year nineteen
hundred and thirteen, is hereby further amended by striking
out the said section and inserting in place thereof the fol-
lowing: — Section 1. All property within the jurisdiction
of the commonwealth, corporeal or incorporeal, and any
interest therein, belonging to inhabitants of the common-
wealth, and all real estate within the commonwealth, or any
interest therein, belonging to persons who are not inhabit-
ants of the commonwealth, which shall pass by will, or by
the laws regulating intestate succession, or by deed, grant
or gift, except in cases of a bona fide purchase for full con-
sideration in money or money's worth, made or intended to
take effect in possession or enjoyment after the death of the
grantor or donor, and any beneficial interest therein which
shall arise or accrue by survivorship in any form of joint
ownership in which the decedent joint owner contributed
during his life any part of the property held in such joint
ownership or of the purchase price thereof, to any person,
absolutely or in trust, except to or for the use of charitable,
educational or religious societies or institutions, the prop-
erty of which is by the laws of this commonwealth exempt
from taxation or for or upon trust for any charitable purposes,
to be carried out within this commonwealth, or to or for the
use of the commonwealth or any city or town within this
commonwealth for public purposes, shall be subject to a
tax as follows : —
Class A. In case such property or interest therein shall
so pass or any beneficial interest therein shall so accrue to
or for the benefit of a husband, wife, parent, child, grand-
Clafls A.
General Acts, 1916. — Chap. 268. 245
child, adopted child or adoptive parent of the deceased, the
tax shall be at the following rates : —
On its value not exceeding twenty-five thousand dollars,
at one per cent;
On the excess of its value over twenty-five thousand
dollars, and not exceeding fifty thousand dollars, at two per
cent;
On the excess of its value over fifty thousand dollars, and
not exceeding two hundred and fifty thousand dollars, at
four per cent;
* On the excess of its value over two hundred and fifty
thousand dollars, and not exceeding one million dollars, at
five per cent; and
On the excess of its value over one million dollars, at six
per cent.
Class B. In case such property or interest therein shall ciasaB.
so pass or any beneficial interest therein shall so accrue to
or for the benefit of a lineal ancestor or descendant other
than those included in Class A, a wife or widow of a son, the
husband of a daughter, or a lineal descendant of an adopted
child, or a lineal ancestor of an adoptive parent of the de-
ceased, the tax shall be at the following rates: —
On its value not exceeding ten thousand dollars, at one
per cent;
On the excess of its value over ten thousand dollars, and
not exceeding twenty-five thousand dollars, at two per cent;
On the excess of its value over twenty-five thousand
dollars, and not exceeding fifty thousand dollars, at four
per cent;
On the excess of its value over fifty thousand dollars, and
not exceeding two hundred and fifty thousand dollars, at
five per cent;
On the excess of its value over two hundred and fifty
thousand dollars, and not exceeding one million dollars, at
six per cent; and
On the excess of its value over one million dollars, at
seven per cent.
Class C. In case such property or interest therein shall ciassc.
so pass or any beneficial interest therein shall so accrue to
or for the benefit of a brother, sister, step-child, step-parent,
half brother, half sister, nephew or niece of the deceased, the
tax shall be at the following rates: —
On its value not exceeding ten thousand dollars, at three
per cent;
246 General Acts, 1916. — Chap. 268.
TaxaUon of On the excess of its value over ten thousand dollars, and
successions, not exceeding twenty-five thousand dollars, at five per cent;
On the excess of its value over twenty-five thousand
dollars, and not exceeding fifty thousand dollars, at seven
per cent;
On the excess of its value over fifty thousand dollars, and
not exceeding two hundred and fifty thousand dollars, at
eight per cent;
On the excess of its value over two hundred and fifty
thousand dollars, and not exceeding one million dollars, at
nine per cent; and
On the excess of its A'alue over one million dollars, at ten
per cent.
Class D. Class D. In case such property or interest therein shall
so pass or any beneficial interest therein shall so accrue to
or for the benefit of any person not included in any of the
foregoing classes, the tax shall be at the following rates: —
On its value not exceeding ten thousand dollars, at five
per cent;
On the excess of its value over ten thousand dollars, and
not exceeding twenty-five thousand dollars, at six per cent;
On the excess of its value over twenty-five thousand
dollars, and not exceeding fifty thousand dollars, at seven
per cent;
On the excess of its value over fifty thousand dollars, and
not exceeding two hundred and fifty thousand dollars, at
eight per cent;
On the excess of its value over two hundred and fifty
thousand dollars, and not exceeding one million dollars, at
nine per cent; and
On the excess of its value over one million dollars, at ten
per cent.
taxes'!'*^ ^°' Administrators, executors and trustees, grantees or donees
under conveyances or gifts made during the life of the
grantor or donor, and persons to whom beneficial interests
shall accrue by survivorship, shall be liable for such taxes,
with interest, until the same have been paid; but no prop-
erty or interest therein, which shall pass or accrue to or for
the use of a husband, wife, father, mother, child, adopted
child or adoptive parent of the deceased, unless its value
exceeds ten thousand dollars, and no other property or
interest therein, unless its value exceeds one thousand dollars,
shall be subject to the tax imposed by this act, and no tax
shall be exacted upon property or interests so passing or
General Acts, 1916. — Chap. 268. 247
accruing which shall reduce the value of such property or
interest below the amount of the above exemptions. All pakfo^tof
taxes under this act shall be paid out of and chargeable to cap'tai.euj.
capital and not income, unless otherwise provided in a will
or codicil, or deed or other instrument creating the grant or
gift, but nothing herein contained shall affect any right of
the commonwealth to collect such tax or lien therefor.
Section 2. Section four of chapter five hundred and ^?0''' ^^^- ^ <•
Sixty-three oi the acts or the year nmeteen hundred and seven,
codified as section four of Part IV of chapter four hundred
and ninety of the acts of the year nineteen hundred and
nine, as amended by section two of chapter five hundred
and twenty-seven of the acts of the year nineteen hundred
and nine, and by section one of chapter one hundred and
fifty-two of the General Acts of the year nineteen hundred
and fifteen, is hereby further amended by striking out the
said section and inserting in place thereof the following:
— Section 4- Except as hereinafter provided, taxes im- certain taxes,
posed by the provisions of this act upon property or interests ^ ^^ ^^^^
therein, passing by will or by the laws regulating intestate
succession, shall be payable to the treasurer and receiver
general by the executors, administrators or trustees at the
expiration of one year after the date of the giving of bond
by the executors, administrators or trustees first appointed.
If the probate court, acting under the provisions of section Tax payment,
thirteen of chapter one hundred and forty-one of the Revised ""^p^"^'""-
Laws, has ordered the executor or administrator to retain
funds to satisfy a claim of a creditor, the payment of the
tax may be suspended by the court to await the disposition
of such claim.
Except as hereinafter provided, taxes imposed by the Taxes on
provisions of this act upon property or interests therein, p^ng'^by*''"
passing by deed, grant or gift to take effect in possession or Jhe1i ^y'abie.
enjoyment after the death of the grantor or donor, or upon
beneficial interests arising or accruing by survivorship in
any form of joint ownership shall be payable by the grantee,
donee or survivor at the expiration of one year after the
date when his right of possession or enjoyment accrues. In
all cases where there shall be a grant, gift, devise, descent,
or bequest to take effect in possession or come into actual
enjoyment after the expiration of one or more life estates or
a term of years, the taxes thereon shall be payable by the
executors, administrators or trustees in office when such
right of possession accrues, or, if there is no such executor,
248
General Acts, 1916. — Chap. 268.
Remainders,
liens, etc.
Repeal.
Time of taking
effect.
administrator or trustee, by the person or persons so en-
titled thereto, at the expiration of one year after the date
when the right of possession accrues to the person or persons
so entitled. If the taxes are not paid when due, interest
shall be charged and collected from the time the same be-
came payable. Property of which a decedent dies seized
or possessed, subject to taxes as aforesaid, in whatever form
of investment it may happen to be, and all property acquired
in substitution therefor, shall be charged with a lien for all
taxes and interest thereon which are or may become due
on such property; but said lien shall not affect an.y personal
property after the same has been sold or disposed of for
value by the executors, administrators or trustees. The
lien charged by this act upon any real estate or separate
parcel thereof may be discharged by the payment of all
taxes due and to become due upon said real estate or separate
parcel, or by an order or decree of the probate court dis-
charging said lien and securing the payment to the com-
monwealth of the tax due or to become due by bond or
deposit as hereinafter provided, or by transferring such
lien to other real estate owned by the owner or owners of
said real estate or separate parcel thereof.
Section 3. So much of section three of chapter five
hundred and sixty-three of the acts of the year nineteen
hundred and seven, codified as section three of Part IV of
chapter four hundred and ninety of the acts of the year
nineteen hundred and nine, and amended by chapter five
hundred and two of the acts of the year nineteen hundred
and eleven, as was not repealed by section two of chapter
six hundred and seventy-eight of the acts of the year nine-
teen hundred and twelve, is hereby repealed.
Section 4. This act shall take effect upon its passage,
but it shall apply only to property or interests therein passing
or accruing upon the death of persons who die subsequently
to the passage hereof. Property or interests therein passing
or accruing upon the death of persons dying prior to the
passage hereof shall remain subject to the laws then in
force. Approved May 26, 1916.
General Acts, 1916. — Chap. 269. 249
An Act to impose a tax upon the income received from Chav.2Q9
CERTAIN FORMS OF INTANGIBLE PROPERTY AND FROM
TRADES AND PROFESSIONS.
Be it enacted, etc., as follows:
Section 1. There shall be levied in the year nineteen Tax upon
hundred and seventeen, and in each year thereafter, a tax ievFeT^
upon incomes as hereinafter set forth.
TAXATION OF INCOME DERIVED FROM CERTAIN INTANGIBLES.
Section 2. Income of the following classes received by Taxation of
any inhabitant of this commonwealth during the calendar from certain
year prior to the assessment of the tax shall be taxed at the '" ''°°'
rate of six per cent per annum:
(a) Interest from bonds, notes, money at interest and all bonds^etcT
debts due the person to be taxed, except from: except, etc.
First: Deposits in any savings bank chartered by this
commonwealth or in the IVIassachusetts Hospital Life In-
surance Company, or such of the deposits in the savings
department of any trust company so chartered as do not
exceed in amount the limits imposed upon deposits in savings
banks by section forty-six of chapter five hundred and
ninety of the acts of the year nineteen hundred and eight,
and acts in amendment thereof and in addition thereto.
Second: Bonds of the United States and such bonds,
notes and certificates of indebtedness of the commonwealth
and of political subdivisions thereof as are exempt from
taxation under the provisions of clause fifteen of section
five of Part I of chapter four hundred and ninety of the acts
of the year nineteen hundred and nine, and acts in amend-
ment thereof and in addition thereto.
Third: Loans secured exclusively by mortgages of real
estate, taxable as real estate, situated within the common-
wealth, to an amount not exceeding the assessed value of the
mortgaged real estate.
(b) Dividends on shares in all corporations and joint Dividends
•1 . • 1 1 1 1 i> •'on shares
stock companies organized under the laws or any state or in corpora-
nation other than this commonwealth, except national banks except, etc.
and except such foreign corporations as are subject to a
tax upon their franchises payable to this commonwealth
under the provisions of sections forty-three and fifty-two of
Part III of chapter four hundred and ninety of the acts of
250
General Acts, 1916. — Chap. 269.
Dividends
on shares in
certain part-
nerships, etc.,
except, etc.
Certain part-
nerships, etc.,
to pay annual
tax on certain
income.
Certain divi-
dends subject
to taxation,
unless, etc.
the year nineteen hundred and nine, and acts in amendment
thereof and in addition thereto.
(c) Dividends on shares in partnerships, associations or
trusts, the beneficial interest in which is represented by
transferable shares, except dividends on shares of the fol-
lowing:
First: Partnerships, associations or trusts, which file with
the tax commissioner the agreement hereinafter provided
for, and the property of which consists exclusively of one
or more of the following specified kinds of property, to wit:
real estate wherever situated and supplies therefor and
receipts therefrom; stocks of corporations taxable under the
provisions of sections forty-three and fifty-two of Part III
of chapter four hundred and ninety of the acts of the year
nineteen hundred and nine and acts in amendment thereof
and in addition thereto; bonds, notes, loans secured by
mortgage of real estate, and certificates of indebtedness, the
income of which is exempt from taxation under the provisions
of this section; property the income of which, if any, would
be taxable under this section if owned by an inhabitant of
the commonwealth; shares in partnerships, associations or
trusts, dividends on which are exempt from taxation under
this section.
Second : Partnerships, associations or trusts, the beneficial
interest in which is represented by transferable shares,
which file such agreement and furnish satisfactory proof to
the tax commissioner that two thirds, at least, of their
taxable property is taxed within the commonwealth and that
the remainder, if taxable, is taxed where it is situated.
Partnerships, associations or trusts, the dividends on
shares of which are exempt from taxation under this section,
shall pay to the tax commissioner annually a tax of six per
cent of the income derived from any property owned by such
partnerships, associations or trusts, so far as such income
would be taxable under this section if received by an in-
habitant of the commonwealth.
Dividends on the shares of any partnership, association or
trust, of the classes designated in paragraphs first and
second of subsection (c) of this section shall be subject to
taxation under this section unless the trustees or managers
of such partnership, association or trust shall file with the
tax commissioner, in such form as he shall determine, its
agreement to pay to the commonwealth annually the tax
imposed by the preceding paragraph and any tax imposed
General Acts, 1916. — Chap. 269. 251
by section five of this act. In case of any breach of the Enforcement
terms of any such agreement, the same may be enforced ag^mlnl
by information in equity to be brought by the attorney-
general at the relation of the tax commissioner in the supreme
judicial court for the county of Suffolk. This remedy shall
be in addition to all other means of collection provided by
this act, and to the penalties hereinafter imposed.
For the purposes of this act any securities of the classes Certain securi-
designated in this section, held in pledge, or on margin or to b^^roperty
otherwise, by an agent or broker as security for a debt of "f^p^'Jp'pa'.
his principal, whether such securities stand in the name of
the principal or of any other person, shall be deemed to
be the property of the principal, and the income arising
therefrom shall be included in the total income of the principal
under this section.
No distribution of capital, whether in liquidation or other- Distribution
wise, shall be taxable as income under this section; but and^ceJ^in
accumulated profits shall not be regarded as capital under ^^il^ed""^
this provision.
DEDUCTIONS ALLOWED.
Section 3. From the income taxable under section two Deductions
of this act the taxpayer may, under the conditions prescribed clltei^'^debts.
in this section and in section seven, receive a deduction on
account of interest paid by him during the year on debts of
the following classes:
(a) Debts, except those secured by mortgage or pledge of
real estate or tangible personal property, owed by persons
engaged in the business of buying, selling, or otherwise
dealing in intangible personal property, provided that such
business, if it includes other classes of dealings, does not
include buying, selling, improving or otherwise dealing in or
with real estate or buying, selling, manufacturing or other-
wise dealing in or with tangible personal property.
(b) Debts owed by other persons, except debts secured
by such mortgage or pledge and debts on account of which
the taxpayer is entitled to claim a deduction under sections
five and six. *
In determining as hereinafter provided the deduction No deduction.
authorized in the preceding paragraph, no deduction shall be "" *""^"*"' '^^^^'
allowed in respect of interest upon any debt belonging to
either class (a) or class (b) above enumerated which arises
from loans or open accounts directly or indirectly secured
by intangible personal property, except to an amount not
exceeding eighty per cent of the income returned by the
252
General Acts, 1916. — Chap. 269.
Deduc-
tions, how
determined,
filing of
return, etc.
Certain deter-
n)inations to
be made from
return, etc.
Deduction of
certain part-
nerships, etc.
Penalties for
fraudulent
return, etc.
taxpayer for taxation under section two on account of in-
tangible personal property which secured such loans or open
accounts.
The said deduction shall be determined in the following
manner:
A taxpayer who claims the benefit of the said deduction
shall file with the tax commissioner or the income tax as-
sessor of his district a return, in such form as the tax com-
missioner shall from time to time prescribe, of his entire
income from all sources, together with such other informa-
tion as the tax commissioner may deem necessary for the
determination of the amount of said deduction. The tax
commissioner may, in lieu of such return, accept a sworn
duplicate of the annual return of income made under the
provisions of the act of congress of the United States, ap-
proved October third, nineteen hundred and thirteen, and
acts in amendment thereof and 'in addition thereto; he may
also, in any case where he shall deem it necessary, require
the taxpayer to file such a sworn duplicate.
From the said return and information the tax commis-
sioner or the income tax assessor shall determine the amount
of interest paid during the year by the taxpayer on debts of
classes (a) or (b) above enumerated, for which deduction is
authorized by this section, which interest for the purpose
of this section shall be called the net interest. He shall also
determine the total net income of the taxpayer, exclusive
of income taxable under section five, as such total net in-
come would be if no deduction were made for interest paid
during the year. The taxpayer may deduct from his in-
come taxable under section two an amount of interest paid
by him during the year which shall bear the same proportion
to the net interest paid as his income taxable under section
two bears to his total net income as above determined.
A partnership, association or trust, the beneficial interest
in which is represented by transferable shares, paying to
the commonwealth a tax upon income subject to taxation
under section two of this act, as provided in said section,
may receive the deduction authorized by this section on the
same terms as an individual inhabitant.
Any person filing a fraudulent return or giving fraudulent
information to the tax commissioner or the income tax
assessor under this section, shall be subject to the penalties
set forth in section thirteen of this act in the case of fraudu-
lent returns.
General Acts, 1916. — Chap. 269. 253
EXEMPTION.
Section 4. A person whose total income from all sources Exemption.
does not exceed six hundred dollars during the year pre-
ceding that in which the tax is assessed shall have an ex-
emption of three hundred dollars of that part of his income
which is liable to taxation under section two of this act.
INCOME FROM .AJ^NUITIES, PROFESSIONS, EMPLOYMENTS,
TRADE AND BUSINESS.
Section 5. Income of the following classes received by income of
any inhabitant of this commonwealth, during the calendar tobt'tkxeT^^
year prior to the assessment of the tax, shall be taxed as
follows :
(a) Income from an annuity shall be taxed at the rate of Tax on income
J 1 ^£ J. ^ rni • p imm annuity,
one and one hair per cent per annum, ine mcome or prop- etc.
erty held in trust shall not be exempted from taxation
under section two nor shall payments to beneficiaries be
taxed under this section, because of the fact that the whole
or any part of the payments to the beneficiaries is in the
form of an annuity. A person whose total income from all Exemption,
sources does not exceed six hundred dollars during the
year preceding that in which the tax is assessed shall have an
exemption of three hundred dollars of that part of his in-
come which is liable to taxation under this paragraph:
provided, however, that no person shall have exemptions Proviso,
under this paragraph and under section four exceeding in
all three hundred dollars of income.
(b) The excess over two thousand dollars of the income, Tax on income
as defined in section six, derived from professions, employ- lions .'etc.'^^
ments, trade or business shall be taxed at the rate of one and
one half per cent per annum. In determining such income
the rental value of living quarters furnished any individual
as part of his compensation shall be included. The wages united states
and salaries of employees and officers of the United States ete.^'e°xemption.
government shall not be taxed; but if such employees and
officers receive other income taxable under this section, that
part of such other income shall be taxed which, when such
other income is added to the amount of the wages or salary
received as an employee or officer of the United States
government, shall be in excess of two thousand dollars.
(c) The excess of the gains over the losses received by Tax on excess
the taxpayer from purchases or sales of intangible personal from puV- ""''
254
General Acts, 1916. — Chap. 269.
chasea, etc.,
of intangible
personal
property.
Proviso.
Trustee may
charge tax
paid in ac-
counting.
Certain incomes
taxed as indi-
vidual, unless,
etc.
Certain interest
and dividends,
and certain
incomes not to
be taxed.
property, whether or not the said taxpayer is engaged in the
business of dealing in such property, shall be taxed at the
rate of three per cent per annum; provided, that in the case
of intangible personal property held by trustees or other
fiduciaries, the said excess shall be determined and the tax
imposed by this section shall be assessed by the tax com-
missioner or income tax assessor and the tax shall be paid,
at the time when such trust is terminated, but such trustee
or other fiduciary may at his option include the said excess
in any return of income made prior to the termination of
the trust, and the tax shall be assessed and paid as of the
year in which the return is made. In the case of trusts that
continue for more than five years, the said excess, if not
previously returned, shall be included in a return of taxable
income at least in every fifth year, and the tax shall be
assessed and paid as of the year in which the return is made.
Any such trustee or other fiduciary may charge any taxes
paid under this paragraph against principal in any account-
ing which he makes as such trustee.
Income of the classes enumerated in paragraphs (a), (b)
and (c) of this section received by any partnership, associa-
tion or trust, the beneficial interests in which are represented
by transferable shares, shall be taxed under this section to
the same extent as if the partnership, association or trust
were an individual inhabitant of this commonwealth, unless
the dividends on the transferable shares issued by such
partnership, association or trust are taxable under the pro-
visions of section two.
Interest and dividends taxable under section two of this
act shall not be taxed under this section; and income derived
from property not subject to taxation under chapter four
hundred and ninety of the acts of the year nineteen hundred
and nine and acts in amendment thereof and in addition
thereto, and also income derived from forest lands classified
under chapter five hundred and ninety-eight of the acts of
the year nineteen hundred and fourteen, shall not be taxed
under this act.
Determination
of taxable
income from
profession,
employment,
etc.
DETERMINATION OF TAXABLE INCOME FROM PROFESSION,
EMPLOYMENT, TRADE OR BUSINESS.
Section 6. Income taxable under paragraph (b) of
section five of this act shall be the gross income from the
profession, employment, trade or business, including gains
General Acts, 1916. — Chap. 269. 255
from the sale of capital assets, other than intangible personal
property, employed therein, less the following deductions:
(a) Expenses paid within the year in the profession, em- Allowances.
ployment, trade or business, including the cost of ordinary °^^^p^^^^-
repairs but not including personal or family expenses: pro- Proviso.
mded, that premiums paid for use and occupancy insurance,
or rent insurance, shall not be deducted as part of such
expenses.
(b) A reasonable allowance for the depreciation and ^"^^T""®^?"
obsolescence of property within the year, and for the de- property.'
pletion within the year of wasting assets owned by the person
taxed and used in the profession, employment, trade or
business; provided, that with the approval of the tax com- ProvLso.
missioner a taxpayer may, in lieu of the aforesaid allowance
for depreciation and obsolescence, be allowed to deduct
actual expenses of replacement of capital and extraordinary
repairs, and with such approval may in any year defer such
deductions in whole or in part to one or more subsequent
years.
(c) All taxes paid within the year to the United States For certain
or any other nation, or to any state, county, city, town or ^^''^^p*'
district, in respect of the profession, employment, trade or
business, or the property held or used in connection there-
with, but not including assessments for betterments.
(d) Interest paid within the year on indebtedness of the For certain
person taxed incurred in connection with his profession, em- ex^'^*^' '
ployment, trade or business; but no interest allowed as a
deduction under section three of this act shall also be allowed
under this section.
(e) Losses from the sale within the year of capital assets For certain
other than intangible personal property and losses sustained thfT^r'.etc.
within the year by fire, theft or other casualty, or amounts
paid within the year on account of claims in tort or contract
incurred in connection with the profession, employment,
trade or business, when not compensated for by insurance
or otherwise.
(f) The amount of any debts receivable arising from the For certain
conduct of a profession, employment, trade or business debts.'etc.
subsequent to December thirty-first, nineteen hundred and
fifteen, determined by the person taxed to be worthless and
actually charged off during the year; but no debts receivable
as income shall be so charged off and deducted, unless they
have previously been included as income in a return made
under this act.
256
General Acts, 1916. — Chap. 269.
Allowances,
for certaia
tangible
property.
For husband,
wife, child
or dependent
parent.
For income
from certain
classes of
property.
(g) An amount equal to five per cent of the assessed
value of the stock in trade and other tangible property, real
and personal, owned by the person taxed and used or em-
ployed in the profession, employment, trade or business
within or without the commonwealth, on the day as of
which such property is assessed in the year for which the
income is computed. In case any such stock in trade or
other tangible property located without the commonwealth
is taxed in respect of its income, and not in respect of its
capital value, by the taxing district in which it is located
in such year, the tax commissioner may determine its value
in any other manner, and may allow a deduction of an amount
equal to five per cent of the value so determined.
(h) The sum of five hundred dollars for a husband or wife
with whom the taxpayer lives, and the sum of two hundred
and fifty dollars for each child under the age of eighteen
years, or parent entirely dependent for support upon the
person making the return. The aforesaid deduction shall
not be made by both husband and w^ife, but may be made
by either as they shall mutually agree, or shall be prorated
between them in proportion to the net income of each in
excess of two thousand dollars. In no case shall the total
deduction on account of husband and wife, and children and
parents, exceed one thousand dollars.
(i) Income of the classes specified in the last paragraph of
section five.
Methods of
determining
taxable in-
come.
METHODS OF DETERMINING TAXABLE INCOME.
Section 7. Persons who customarily estimate their in-
come and expenditure on a basis other than that of actual
cash receipts and disbursements may, with the approval of
the tax commissioner, compute upon a similar basis their
income taxable under this act. In determining the gains or
losses realized from the sale of capital assets, the value on
January first, nineteen hundred and sixteen, of such property
owned on that date shall be the basis of determination, and
in case property is acquired after January first, nineteen
hundred and sixteen, the value on the date that it is acquired
shall be the basis of determination.
Estates of
deceased
persons.
ESTATES OF DECEASED PERSONS.
Section 8. The income received by persons since de-
ceased shall be taxed to their estates. The income received
by estates of deceased persons who last dwelt in this com-
General Acts, 1916. — Chap. 269. 257
monwealth shall be subject to the taxes assessed by this act,
to the extent that the persons to whom such income is
payable or for whose benefit it is accumulated are inhabitants
of this commonwealth, which shall be assessed to the execu-
tor or administrator, and before the appointment of an
executor or an administrator such taxes shall be assessed
in general terms to the estate of the deceased, and the
executor or administrator subsequently appointed shall be
liable for the tax so assessed as though assessed to him:
'provided, that no person shall be taxed under the provisions Provisos,
of this act for income received from any executor or ad-
ministrator which income has itself been taxed under the
provisions of this section; and -provided, that an executor or
administrator who has given due notice of his appointment,
and who has filed an inventory within nine months there-
after, shall not be obliged to pay any tax hereunder except
upon income received by him or income of his decedent
with respect to which he is required to make a return here-
under, unless the same shall be assessed within one year
after his giving bond for the performance of his trust. If
the inventory shall not have been filed within the said nine
months, the executor or administrator shall be obliged to
pay any taxes that may be assessed hereunder within three
months after the filing of the inventory.
The provisions of this act with reference to the taxation
of income received by trustees shall, so far as apt, and
except as otherwise provided herein, apply to the income
received by executors and administrators.
PROPERTY HELD IN TRUST.
Section 9. The income received by estates held in trust Property held
by trustees, any one of whom is an inhabitant of this com- ''^
monwealth or has derived his appointment from a court of
this commonwealth, shall be subject to the taxes assessed
by this act to the extent that the persons to whom the
income from the trust is payable, or for whose benefit it is
accumulated, are inhabitants of this commonwealth. The
tax shall be assessed to such of the trustees as are inhabit-
ants of the commonwealth.
Such part of the income of intangible personal property certain income
iij-,.' iij i,ii> i''of non-residents
neld. m trust as is payable to or accumulated tor persons who exempt.
are not inhabitants of the commonwealth, shall be exempt '
from the taxes imposed by this act.
258
General Acts, 1916. — Chap. 269.
Property held
in trust, by
certain execu-
tors, etc.
Claim for
certain exemp-
tions by
executor, etc.
Proviso.
CJorporationa
acting as trus-
tee to be
subject to act.
Act to apply
to income
received by
guardians, etc.
If an inhabitant of this commonwealth receives income
from one or more executors, administrators or trustees,
none of whom is an inhabitant of this commonwealth or has
derived his appointment from a court of this commonwealth,
such income shall be subject to the taxes assessed by this
act, according to the nature of the income received by the
executors, administrators or trustees.
An executor, administrator, or trustee may, at the request
of any beneficiary, claim the benefit of the exemptions pro-
vided by sections four and five of this act for each person
to whom the income from the trust is payable, or for whose
benefit it is accumulated, and an inhabitant of this com-
monwealth receiving income from one or more executors,
administrators or trustees, none of whom is an inhabitant of
this commonwealth or has derived his appointment from a
court of this commonwealth, may also claim the benefit of
such exemptions: yrovided, hotvever, that no such exemptions
shall be allowed unless the tax commissioner is satisfied by
an affidavit from the beneficiary who claims exemptions,
or for whose benefit the same are claimed, or otherwise, that
such beneficiary is not allowed in all trusts or estates under
which he may be a beneficiary, and on account of all income
on which he is liable to taxation under this act, more than
the total amount of exemptions to which he is entitled under
said sections four and five respectively.
Corporations authorized under the laws of this com-
monwealth to act as trustee or in any other fiduciary capacity
shall, with respect to the income received by them in that
capacity, be subject to the provisions of this act in the
same manner and under the same conditions as individual
inhabitants of this commonwealth acting in similar capacities,
except that no such corporation shall be taxed on account of
any property the income of which would be taxable under
section two hereof if received by an individual inhabitant,
or on account of the income derived from such property,
if such property is held by such corporation as mortgagee or
pledgee to secure the payment of bonds, notes or other
evidences of indebtedness the interest on which is taxable
under section two of this act to such individual inhabitants
of the commonwealth as receive it, or the principal of which
is exempt from taxation under laws other than this act.
The provisions of this act with reference to the taxation
of income received by trustees shall, so far as apt, apply to
the income received by guardians, conservators, trustees in
General Acts, 1916. — Chap. 269. 259
bankruptcy, receivers and assignees for the benefit of credi-
tors. Income accumulated in trust for the benefit of un-
born or unascertained persons or persons with contingent
interests shall be taxed as if accumulated for the benefit of
inhabitants of this commonwealth.
For the purpose of facilitating the settlement and dis- Taxcommis-
tribution of estates held by executors, administrators, attorney-gen-
trustees, guardians, conservators, trustees in bankruptcy, ag^g-g'^^n
receivers and assignees for the benefit of creditors, the !^^Jg°["^gf '
tax commissioner, with the approval of the attorney-general,
may on behalf of the commonwealth agree upon the amount
of taxes at any time due or to become due from such estates
under the provisions of this act, and payment in accordance
with such agreement shall be full satisfaction of the taxes
to which the agreement relates.
PARTNERSHIPS.
Section 10. Profits or income, of the classes hereinbe- Partnerships.
fore made taxable, of partnerships of which any member is
an inhabitant of this commonwealth and which have a
usual place of business in this commonwealth, shall be
subject to the taxes assessed by this act. If any of the
members of the partnership are not inhabitants of this
commonwealth, only so much of the income thereof as is
proportionate to the aggregate interest of the partners who
are inhabitants of this commonwealth in the profits of the
partnership shall be taxed. The tax shall be assessed on
such a partnership by the name under which it does business,
and the partners shall not be taxed with respect to the
income derived by them from such a partnership. A partner- Deductions,
ship may, except as hereinafter provided, in computing the
amount of income with respect to which it is taxable, deduct
at the request of any partner the whole or any part of the
amount of any exemption to which such partner may be
entitled under the provisions of sections four and five of
this act: lyrovided, however, that no such exemption shall Proviso.
be allowed unless the tax commissioner is satisfied by an
affidavit from the partner for whose benefit an exemption
is claimed, or otherwise, that such partner is not allowed, in
all partnerships in which he may be a partner, and on account
of all income on which he is liable to taxation under this
act, more than the total amount of exemptions to which
he is entitled under said sections four and five of this act.
260
General Acts, 1916. — Chap. 269.
Partnerships,
deductions,
to appear
in return.
Inhabitant
member of
non-resident
partnership.
Certain pro-
visions of act
to apply to
partnerships.
Section of act
not to apply to
certain cases.
Each tamount so deducted shall be set forth in the return
of such partnership, and the partner requesting the same
shall be allowed no further exemption on account of the
amount so deducted by the partnership.
An inhabitant of this commonwealth who is a member of
a partnership having no usual place of business in this
commonwealth, who receives income from such partnership
derived from such a source that it would be taxable if re-
ceived directly by such partner, shall as to such income be
subject to the taxes imposed by this act.
The provisions of this act in respect to the filing of returns,
and the assessment, abatement and collection of taxes, and
to notices concerning the same, shall apply to partnerships
subject to taxation hereunder.
This section shall not apply to partnerships, associa-
tions or trusts, the beneficial interest in which is represented
by transferable shares, and nothing in this section shall
affect other provisions of this act so far as the same relate
to such partnerships, associations or trusts, the beneficial
interest in which is represented by transferable shares.
Exemption of
property the
income of
which is taxed.
Proviso.
EXEMPTION OF PROPERTY THE INCOME OF WHICH IS TAXED.
Section 11. After the year nineteen hundred and six-
teen, income which is taxable under the provisions of section
five of this act, and, except as provided in section tw^enty-
one, property, whether held by an executor, administrator,
trustee or otherwise, the income of which, if any, is taxed
or would be taxable under the provisions of section two of
this act if received by an inhabitant of this commonwealth,
shall be exempt from taxation under the provisions of chap-
ter four hundred and ninety of the acts of the year nineteen
hundred and nine and acts in amendment thereof and in
addition thereto: provided, however, that in determining
the amount of any tax upon a corporate franchise under the
provisions of Part III of said chapter four hundred and
ninety, the value of securities the income of which, if any,
is taxed or would be taxable under the provisions of this
act if owned by a natural person, shall not be included in
the deduction, authorized by section forty-one of said part
of said chapter, of securities which, if owned by a natural
person resident in this commonwealth, would not be liable
to taxation, but, for the purposes of section fort^'-three of
said part of said chapter, shall be included among securities
General Acts, 1916. — Chap. 269. 261
which, if owned by a natural person resident in this com-
monwealth, would be liable to taxation. This act shall not Act, how
, , . , construed.
be construed to impose a tax upon any corporation or person
in respect to income derived from property exempted from
taxation by provisions of law existing prior to the passage
of this act, nor shall anything in this act exempt from taxa-
tion, under the provisions of said chapter four hundred and
ninety, real estate and tangible personal property.
Except as provided in section nine, the income received corporations,
by corporations shall • not be taxable under the provisions returns.
of this act. Every corporation liable to taxation under
said section nine shall make the returns required by this
act, and shall be subject to the penalties therein provided.
RETURNS.
Section 12. Every individual inhabitant of the com- Returns of
monwealth, including every partnership, association or whCS^^L,
trust, whose annual income from all sources exceeds two ^^'^'
thousand dollars shall annually make a return of his entire
income, except income derived (a) from real estate, (b)
from dividends exempt from taxation under section two of
this act, (c) from interest upon bonds or other obligations
of the United States, (d) from interest upon such bonds,
notes and certificates of indebtedness of the commonwealth
and political subdivisions thereof as are exempt from taxa-
tion under the provisions of clause fifteen of section five of
Part I of chapter four hundred and ninety of the acts of
the year nineteen hundred and nine, and acts in amendment
thereof and in addition thereto, (e) from loans secured
exclusively by mortgages of real estate, taxable as real
estate, situated within the commonwealth to an amount
not exceeding the assessed value of the mortgaged real
estate, and (f) from wages or salaries received from the
United States. Every other individual inhabitant, in-
cluding every partnership, association or trust, who receives
income taxable under section two or subdivision (a) or (c)
of section five of this act shall make an annual return of
such taxable income.
Every executor, administrator, trustee, guardian, con- Executors,
servator, trustee in bankruptcy, assignee for the benefit of returns of
creditors and receiver, other than a receiver of a corporation '°'^°°^®-
organized under the laws of the commonwealth, and every
other person receiving income taxable under this act shall
262
General Acts, 1916. — Chap. 269.
Returns to be
under oath,
where filed,
etc.
By whom filed.
Provisos.
Blanks to be
provided, etc.
Seasonable
notice, etc.
Omitted or
supplementary
returns.
make an annual return of his taxable income as herein pro-
vided.
The aforesaid return shall be under oath, and shall be
filed with the income tax assessor for the district in which
the taxpayer resides or has his principal place of business
or, at the option of the taxpayer, may be filed with the
tax commissioner, and shall be made in such form as the
tax commissioner shall from time to time prescribe and
shall contain such further information as the tax commis-
sioner may deem pertinent. The return shall be made
on or before the first day of March in each year, and shall
relate to the income received during the calendar year end-
ing on the preceding thirty-first day of December.
The return required by this section shall be filed by
every person who is at any time between the first day of
January and the thirtieth day of June in any year an in-
habitant of the commonwealth, if such person has in the
preceding year received income taxable hereunder: 'pro-
vided, that the return relating to income taxable under the
provisions of this act, and received by any person who shall
have deceased without having made a return relating to
such income, shall be made by his executor or adminis-
trator; and provided, that in the case of any such person
who has become an inhabitant of the commonwealth after
the first day of February in any year, such return shall be
due and shall be filed ninety days after he becomes such
an inhabitant. Every person who is an inhabitant of the
commonwealth at any time between the first day of Jan-
uary and the thirtieth day of June, both inclusive, in any
year, shall be subject to the taxes imposed by this act.
The tax commissioner shall cause to be prepared blanks
for the said returns, and shall cause them to be distributed
throughout the commonwealth; but no person shall be
excused from making the return by failure of the tax com-
missioner to send or give one of the blanks to him.
The tax commissioner shall give seasonable notice of the
requirement of this section, in the manner prescribed by
section forty-one of Part I of chapter four hundred and
ninety of the acts of the year nineteen hundred and nine,
not later than the fifteenth day of January in each year,
in every city and town in the commonwealth.
If the tax commissioner shall, from information derived
from the return or otherwise, be of opinion that any person
whose income is taxable under the provisions of this act
General Acts, 1916. — Chap. 269. 263
may have failed to file a return, or to include in a return
filed, either intentionally or through error, all the sources
of his taxable income, he may require from such person a
return or a supplementary return under oath, in such form
in each individual instance as the commissioner shall pre-
scribe, of all the sources from which the taxpayer received
any income, whether or not taxable under the provisions
of this act, in the year for which the return was made. If P™'fr'°Ted
from a supplementary return or otherwise the commissioner etc.
finds that any sources of taxable income have been omitted
from the original return, he may require the amount of
income from each source of taxable income so omitted to
be disclosed to him under oath of the person liable for the
tax, and added to the original return. Such supplementary Liabieto
return and the correction of the original return shall not f*"^*'®^-
relieve the person making the same from any of the penalties
to which he may be liable under any provision of this act.
The tax commissioner may proceed under the provisions of
section fourteen of this act, whether or not he requires a
return or a supplementary return under this section.
PENALTIES.
Section 13. If any person required to file a return Penalties.
under the provisions of this act fails to file the return within
the time prescribed by such provisions, there shall be added
to, and become a part of the tax, as an additional tax, the
sum of five dollars for every day during which such person
is in default: inomded, hoivever, that the tax commissioner Proviso.
may, in his discretion, abate any such additional tax in
whole or in part.
If any person fails to file a return required under the pro- Writ of
visions of this act on or before the first day of May of any to issue.
year, any justice of the supreme judicial court or of the
superior court, upon petition of the tax commissioner or
of the income tax assessor for the district in which such
person is required to file the return, or of any ten taxable
inhabitants of the commonwealth, shall issue a writ of
mandamus requiring such person to file the return. The
order of notice upon the petition shall be returnable not
later than ten days after the filing of the petition. The
petition shall be heard and determined on the return day
or on such day thereafter as the court shall fix, having re-
gard to the speediest possible determination of the cause
264
General Acts, 1916. — Chap. 269.
Judgment to
include costs.
Penalties,
on return.
Right to hold
public office
forfeited.
Certain part-
nerships, etc.,
penalties im-
posed, how
inflicted.
Penalties,
how applied.
consistent with the rights of the parties. The judgment
shall include costs in favor of the prevailing party. All
writs and processes may be issued from the clerk's office in
any county, and, except as aforesaid, shall be returnable as
the court shall order.
If any person files a fraudulent return, or if any person
who has failed to file a return, or has filed an incorrect or
insufficient return, and has been notified by the tax com-
missioner of his delinquency, without reasonable excuse fails
to file a return wuthin twenty days after receiving such
notice, such person shall be punished by a fine of not less
than one hundred dollars nor more than ten thousand
dollars, or by imprisonment for not more than one year,
or by both such fine and imprisonment, and shall forfeit
his right to hold public office anywhere within the com-
monwealth for such period, not exceeding five years, as the
court may determine.
In the case of a partnership of which one or more members
are inhabitants of this commonwealth and having a usual
place of business in this commonwealth, the penalties im-
posed by this act may be inflicted upon any member of the
partnership who is an inhabitant of this commonwealth
and who has any active part in the management of the
affairs of the partnership, and if there is no such member,
upon the person or persons in charge of its affairs within
this commonwealth. In the case of a partnership, associa-
tion or trust, the beneficial interests in which are represented
by transferable shares, the penalties imposed by this act
for failure to file a return may be inflicted upon the trustees,
managers or officers whose duty it was to make the return.
The penalties provided by this section shall apply to
individuals and corporations acting in any fiduciary capacity.
In the case of a corporation, the penalty may be imposed
on the corporation, on the officers whose duty it was to
make the return, or on both.
Tax commis-
sioner to deter-
mine incomes
and assess
tax, etc.
ASSESSMENT AND ADMINISTRATION.
Section 14. The tax commissioner shall determine from
the returns required by this act, or in any other manner,
the income of every person taxable under this act, and shall
assess thereon the tax hereby provided; but he shall not
determine the income of a person who has filed a return in
accordance with section twelve, within the time prescribed
by law, to be in excess of that disclosed by such return,
General Acts, 1916. — Chap. 269. 265
without notifying such person and giving him an opportunity
to exphiin the apparent incorrectness of his return.
For the purpose of verifying any return made pursuant Verification
to this act the tax commissioner may, within two years
after the date when such return was due, if he has reason to
beheve the return to be fraudulent or incorrect, direct by
special authorization a deputy or other agent to verify the
return; and for the purpose of such verification the books
and papers of the person shall be open to the examining
officer, or shall be produced for the purpose upon a summons,
which the tax commissioner, or the examining officer, is
hereby authorized to issue. The person making the return
may be examined by such officer under oath.
If no return, or a fraudulent, incorrect or insufficient Assessment,
return, has been filed by a person required to file a return mined, when
under the provisions of this act, and the person so' in de- medletc"'^
fault refuses or neglects, after notice, to file a proper return,
the tax commissioner shall determine the income of such
person, taxable under this act, according to his best informa-
tion and belief, and shall assess the same at double the
amount so determined. In the case of sickness, absence or Disability, etc.,
other disability of a person liable to the tax, the tax com- S fi{'e''ret™n.
missioner may allow such further time for filing the return
as he may deem necessary.
If the tax commissioner discovers from the verification of Assessment,
a return filed under this act, or otherwise, that the income verified, etc.
of any person subject to taxation under this act, or any
portion thereof, has not been assessed, he maj^ at any time
within two years after the first day of September of the
year in which such assessment should have been made,
assess the same, first giving notice to the person so to be
assessed of his intention, and such person shall thereupon
have an opportunity within ten days after such notification Ten days-
to confer with the tax commissioner in person or by counsel °°*"'^'
or other representative as to the proposed assessment.
After the expiration of ten days from such notification the
tax commissioner shall assess the income of such person
subject to taxation, or any portion thereof, which he be-
lieves has not theretofore been assessed, and he shall there-
upon give notice to the person so assessed under the pro-
visions of section fifteen of this act, and the tax shall be
payable fourteen days after the date of such notice. The Abatement,
provisions of this act in respect to the abatement and coUec- ^**^'
tion of taxes shall apply to a tax so assessed.
266
General Acts, 1916. — Chap. 269.
Rules and
regulations.
Tax commis-
sioner to give
notice of date
tax is due, etc.
Taxes, where
paid.
Validity of
tax not
affected.
Returns to be
open to in-
spection of
certain
officials, etc.
Penalty for
disclosure of
information,
except.
Indexes open to
public inspec-
tion.
The tax commissioner may from time to time make such
rules and regulations, not inconsistent with the provisions
of this act, as he may deem necessary for the purpose of
carrying out its provisions.
Section 15. The tax commissioner shall, on or before
the first day of September in each year, give notice to every
person taxable under the provisions of this act of the amount
of the tax payable by him, and of the date upon which the
tax is due and payable, which date shall be the fifteenth
day of October. The notice shall be a written or printed
notice, and shall be mailed, postage prepaid, addressed to
the person assessed at his place of residence or business,
or at the address given in his return, or otherwise delivered
at such place of residence or business or at such address.
All taxes assessed hereunder may be paid at the office of the
tax conimissioner in Boston or at the office of the income tax
assessor for the district in which the taxpayer resides or has
his principal place of business, at the option of the tax-
payer, and the notice shall state the places at which the
tax may be paid.
Failure to receive the notice provided for by this section
shall not affect the validity of the tax.
Section 16. Returns shall be open to the inspection of
the tax commissioner and of his deputies, assistants and
clerks, when acting under his authority, and of the income
tax assessors and of their deputies, assistants and clerks,
when acting under their authority. The disclosure by the
tax commissioner, or by any deputy, assistant, clerk or
assessor, or other employee of the commonwealth, or of any
city or town therein, to any person of any information
whatever contained in or set forth by any such return,
other than the name and address of the person filing it,
except in proceedings to collect the tax or by proper judicial
order, shall be punishable by a fine not exceeding one thou-
sand dollars, or by imprisonment for a period not exceeding
six months, or by both such fine and imprisonment, and
by disqualification from holding office for such period, not
exceeding three years, as the court may determine. Said
returns shall be preserved for two years, and thereafter until
the tax commissioner orders them to be destroyed.
Lists or indexes of persons in the district who have filed
returns shall be kept in the office of each income tax assessor,
and shall be open to public inspection. The name of each
person filing a return shall be placed on such list or index
immediately on the filing of the return.
General Acts, 1916. — Chap. 269. 267
Section 17. For the purpose of carrying out the pro- Taxcommis-
visions of this act, the tax commissioner shall divide the dh^decom-
commonwealth into income tax districts, and he may from iS^TnTOme
time to time change the limits of the districts. He shall, t^x districts.
with the advice and consent of the governor and council,
appoint, and may with their consent remove, an income tax income tax
assessor for each district, to assist him in such manner and api^intment,
under such rules and regulations as he may from time to ^"*'^^'®*'=-
time prescribe in the performance of his duties hereunder.
An income tax assessor need not be a resident of the Residence,
district in which he is to serve: provided, that, so far as vvo-nso.
may be practicable, preference shall be given to residents of
the respective districts. The commissioner may transfer
am' income tax assessor from one district to another, and
may assign any such assessor to temporary or extraordinary
service in any district.
The tax commissioner may also appoint such deputy Deputy
income tax assessors, who may be members of boards of i^sesTor*^^
assessors of cities or towns, and such clerical and other appointment,
assistants in the several districts, as may, in the opinion
of the governor and council, be necessary for the proper
performance of his duties.
The salaries of the income tax assessors and their deputies salaries,
shall be fixed by the tax commissioner with the approval expenses, etc.
of the governor and council, and the income tax assessors,
their deputies, assistants and clerks, shall be allowed such
reasonable and necessary travelling and other expenses
incurred in the performance of their duties as may be ap-
proved by the tax commissioner and by the governor and
council.
All taxes received by the income tax assessors shall be Taxes received
accounted for and turned over to the tax commissioner as for'Tacrweek?''
often as once in each week, and the commissioner shall ®^-
transmit to the treasurer and receiver general as often as
once in each month all taxes received by him under the pro-
visions of this act.
The tax commissioner shall require the income tax as- to furnish
sessors to give bonds in such form, with such sureties and '^*^°^®-
in such amounts as may be approved by the governor and
council, and all premiums upon such bonds shall be paid by
the tax commissioner out of moneys appropriated for the
purposes of this act.
The tax commissioner may also, with the advice and ^^^''^^^^'^
consent of the governor and council, appoint, and with their pointm'ent and
consent remove, a deputy to be known as the income tax '^^^'^^
268
General Acts, 1916. — Chap. 269.
aats, etc.
Powers and
duties.
Income tax depiity, who shall receive such salary as the governor and
ciericai'assist- ' council may approve, and who, under the direction of the
tax commissioner, shall have supervision and control of the
assessment and collection of the income taxes provided for
by this act; and the tax commissioner shall appoint such
additional clerical and other assistants to the income tax
deputy and income tax assessors as the governor and council
may approve.
The aforesaid income tax deputy, income tax assessors
and deputy assessors shall have such duties and powers
consistent with the provisions of this act as the tax com-
missioner shall from time to time prescribe. Their ap-
pointment shall be governed by the provisions of law relative
to the appointment of the present deputies and assistants of
the tax commissioner, and supervisors of assessors.
Section 18. If a tax assessed under the provisions of this
to tax, rate, etc. act is not paid at the time when it is due, interest at the
rate of six per cent per annum from that time shall be added
to and become part of the tax. The tax commissioner, and
the income tax assessors in their respective districts, shall
have all the remedies for the collection of taxes assessed
under the provisions of this act that are provided by chapter
four hundred and ninety of the acts of the year nineteen
hundred and nine, and acts in amendment thereof and in
addition thereto, for the collection of taxes on personal
estate by collectors of taxes of cities and towns, and shall
be allowed charges and fees as therein provided. Any
action of contract brought to recover any such tax shall be
brought in the name of the commonwealth.
When interest
is to be added
Remedies.
Abatements.
Proviso.
ABATEMENTS.
Section 19. Any person aggrieved by the assessment of
a tax under the provisions of this act may apply to the tax
commissioner for an abatement thereof at any time within
three months after the date of the notice of the assess-
ment; and if, after a hearing, the tax commissioner is satis-
fied that the tax is excessive in amount or that the person
assessed is not subject to the tax, he shall abate the tax in
whole or in part accordingly; and if the tax has been paid,
the treasurer and receiver general shall repay to the person
assessed the amount of such abatement, with interest thereon
at the rate of six per cent per annum from the time when it
was paid: provided, however, that no tax assessed upon any
General Acts, 1916. — Chap. 269. 269
person liable to taxation under this act shall be abated in
any event unless the person assessed shall have filed, at or
before the time of bringing his petition for abatement, a
return as required by section twelve of this act; and if he
failed without good cause to file his return within the time
prescribed hy law, or filed a fraudulent return, or, having
filed an incorrect or insufficient return, has failed, after
notice, to file a proper return, the tax commissioner shall
not abate the tax below double the amount for which the
person assessed was properly taxable under the provisions
of this act. The tax commissioner shall notify the petitioner Notice of
by registered letter of his decision upon the petition. ecision.
Any person aggrieved by the refusal of the tax com- Appeals.
missioner to abate, in whole or in part, under the provisions
of this section, a tax assessed under the provisions of this
act, may, within thirty days after receiving notice of the
decision of the tax commissioner, appeal therefrom by
filing a complaint with the clerk of the board of appeal
provided for by section sixty-eight of Part III of chapter
four hundred and ninety of the acts of the year nineteen
hundred and nine. If, upon a hearing, the board of appeal abatement^^^'
finds that the person making the appeal is entitled to any
abatement from the tax assessed upon him, it shall make
such abatement as it sees fit.
The decision of the board of appeal shall be final and bl^g^'i"***
conclusive, and shall be communicated in writing to the
petitioner and the tax commissioner within five days after
the decision of the board.
If the tax appealed from has been paid, the treasurer Repayment.
and receiver general shall repaj^ to the petitioner the amount
of any abatement and interest from the time of payment,
upon presentation to him by the petitioner of the notice of
the decision of the board.
Section 20. Any person aggrieved by the refusal of ^'''^^^,.
the tax commissioner to abate m whole or m part, under the superior court.
provisions of the preceding section, a tax assessed under the
provisions of this act may, instead of pursuing the remedy
provided in the preceding section, appeal from such refusal
by filing a complaint against the tax commissioner in the
superior court for the county in which such person resides
or has his principal place of business, within thirty days
after the notice by the tax commissioner of his decision in
accordance with the preceding section. An order of notice
shall be issued by said court and served upon the tax com-
270
General Acts, 1916. — Chap. 269.
Filing of
complaint in
superior court.
Repayment.
Remedies
exclusive.
Additional
local taxes
if full return
ia not made.
Amount of
taxes to b3
entered on
tax list of
collector.
missioner within such time as the court shall direct, and the
subsequent proceedings shall be conducted in accordance
with the provisions of sections seventy-seven to eighty, in-
clusive, of Part I of chapter four hundred and ninety of the
acts of the year nineteen hundred and nine, and acts in
amendment thereof and in addition thereto; but if the
complainant was subject to taxation under this act and did
not file his return within the time prescribed by law he shall
not be entitled to have any part of his tax abated by the
court, unless the court finds that he had good cause for his
delay, or the tax commissioner had previously so found.
If an abatement is granted, the amount thereof shall be
repaid to the complainant by the treasurer and receiver
general, with interest at the rate of six per cent per annum
from the time when the tax was paid, and costs.
The remedies provided by sections nineteen and twenty
hereof shall be exclusive, whether or not the tax is wholly
illegal.
ADDITIONAL LOCAL T.\XES.
Section 21. All property owned by a resident of this
commonwealth on the first day of April in any year, which
during the preceding calendar year had produced for such
owner any income taxable under this act, shall, despite
anything in this act, be subject to taxation to such owner in
accordance with the provisions of chapter four hundred and
ninety of the acts of the year nineteen hundred and nine,
and acts in amendment thereof and in addition thereto, if
such owner does not make to the tax commissioner a full
return of his taxable income from such property on or be-
fore the first day of September of the year in which a return
of income is required by section twelve of this act, and pro-
vided the tax so assessed is greater than the amount of the
tax properly payable under sections two and fourteen of
this act. Property taxable in any year under this section
shall be assessed in that year between the second day of
September and the tenth day of December, both inclusive.
The amount of taxes assessed by the local assessors upon
such property in such city or town in any year, less the
amount assessed and collected by the tax commissioner as
hereinafter provided, shall be entered on the tax list of the
collector of such city or town, and he shall collect and pay
over the same to the city or town.
General Acts, 1916. — Chap. 269. 271
Any taxpayer aggrieved by the assessment of a tax under Appeal to tax
the provisions of this section may appeal to the tax com- ^°^'°'*®'°°^'"'
raissioner within thirty days after the receipt of the tax bill
therefor, or other actual notice of the assessment. In case To board of
of an adverse determination by the tax commissioner, the ^^^^^ ' ^^'
taxpayer may appeal to the board of appeal as provided
in section nineteen, or to the superior court as provided in
section twenty; and if the taxpayer shall establish that the
income of the property was duly returned or that it was
not taxable or that there was reasonable excuse for not
making the return, the tax shall be abated, and if it has
previously been paid, the amount abated shall be repaid
by the city or town to the taxpayer, with interest from the
time of such payment. At any time prior to the collection
by the city or town of the tax provided for by this section,
the tax commissioner may assess and collect the tax pro-
vided for by this act, on the income of the property subject
to the limitation of time provided by section fourteen.
Upon the collection of the tax, the tax commissioner shall ^uector°of^^
at once notify the tax collector of the city or town in which '^^^y ^r town.
the taxpayer resides, and the tax collected by him shall be
deducted from the tax assessed in that city or town; and
if the tax assessed in such city or town has been collected,
the amount so deducted shall be repaid by the city or town
to the taxpayer. If a tax collected by a city or town under
the provisions of this section is afterward abated, the amount
of the abatement, together with the amount of any interest
paid by the taxpayer on that amount, shall be paid by the
city or town to the taxpayer.
Upon discovery of property the income of which for the Proceedings in
preceding calendar year, taxable under this act, has not fafiur°eto
been returned on or before the first day of September of the "^^^^ ''^*"'"°"
year in which the return is required, the tax commissioner
shall forthwith notify the assessors of the city or town in
which the property is taxable, unless there is within his
knowledge a reasonable excuse for the failure of the taxpayer
to file the return. Upon making any assessment under the
provisions of this section, the assessors shall forthwith
notify the tax commissioner.
Section 22. Any taxpayer who in the year nineteen Amount to be
hundred and seventeen fails to bring in a list of taxable
personal estate, as provided in sections forty-one to forty-
nine, inclusive, of Part I of chapter four hundred and ninety
272
General Acts, 1916. — Chap. 269.
Assessment
by tax com-
missioner, in
any city or
town.
Assessor to
be liable to
penalties.
of the acts of the year nineteen hundred and nine, and acts
in amendment thereof and in addition thereto, shall be
assessed in that year for an amount of personal estate not
less than that for which he was assessed and taxed in the
3'ear nineteen hundred and sixteen. The tax commissioner
shall have authority to assess any taxpayer in any city
or town for any amount of tax for which said taxpayer may
be liable under the provisions of this section; and any
assessor who shall violate the provisions of this section
shall be liable to the penalties imposed by section thirty-
nine of Part I of chapter four hundred and ninety of the
acts of the year nineteen hundred and nine, and acts in
amendment thereof and in addition thereto.
DISTRIBUTION.
Distribution
of tax, etc.,
in 1917.
Section 23. On or before the fifteenth day of November
in the year nineteen hundred and seventeen the treasurer
and receiver general shall pay to each city or town an amount
equal to the difference between the amount of the tax levied
upon personal property in such city or town in the year
nineteen hundred and fifteen and the amount, computed by
the tax commissioner, that would be produced by a tax
upon the personal property actually assessed in such city
or town for the year nineteen hundred and seventeen at the
same rate of taxation as prevailed therein in the year nine-
teen hundred and fifteen. If the amount of taxes collected
from incomes shall exceed the sum necessary to make such
payments, the balance shall be distributed among the
several cities and towns in proportion to the amount of the
state tax imposed upon each of them in the year nineteen
hundred and seventeen: provided, that of the aforesaid
excess the commonwealth shall retain a sum sufficient to
reimburse it for the expenses incurred under this act during
the year nineteen hundred and seventeen, and abated taxes
Distribution of repaid hereunder during said year. In years subsequent
t^igiL^^'^^^"*^ to nineteen hundred and seventeen, the taxes collected
under this act shall be distributed as the general court may
determine.
Section 24. On or before the first day of August in each
year the tax commissioner shall, upon the basis of the in-
formation then in his possession, notify the assessors of
each city and town of the amount of income tax such city
Proviso.
Assessors to be
notified.
General Acts, 1916. — Chap. 269. 273
or town is to receive under this act. The said assessors, in To include
determining the rate of taxation to be levied upon taxable dete^Liai^
property for the year, shall include in the estimated receipts *'*'""^'^-
lawfully applicable to the payment of expenditures the
aforesaid amount of income tax.
INFORMATION AT THE SOURCE.
Section 25. Every individual, partnership, association. Return of
trust or corporation, being an inhabitant of the common- empioyeesi'etc.
wealth or having a place of business therein, shall file annu-
ally with the tax commissioner a return in such form as the
tax commissioner shall from time to time prescribe, giving
the names and addresses of all regular employees residing
in this commonwealth to whom the said individual, partner-
ship, association, trust or corporation has paid wages, salary
or other compensation in excess of the sum of eighteen
hundred dollars during the previous calendar year.
Every corporation and every partnership, association or Corporations,
trust the beneficial interest in which is represented by trans- ofsiia^e- ^ ^*
ferable shares, doing business in the commonwealth, shall, ^oi^^ers, etc.
unless the dividends paid upon its shares are exempt from
taxation under section two of this act, on or before the first
day of March in the year nineteen hundred and seventeen
and in each year thereafter, file with the tax commissioner
a list of the names and addresses of its shareholders as of
record on the thirty-first day of December of the previous
year, or, in its discretion, of such shareholders as are residents
of the commonwealth: provided, however, that the tax commis- Proviso,
sioner in his discretion may accept in lieu of the above list
from any corporation, partnership, association or trust required
to make a return hereunder a list of its shareholders as of
record on any other date satisfactory to him. Every such To me names,
corporation, partnership, association or trust shall also plld ?ntwest^
report to the tax commissioner on or before the first day of "pon bonds, etc.
INIarch in each year the names and addresses of residents of
the commonwealth to whom it has paid interest during the
preceding calendar year upon its bonds, notes, or other
evidences of indebtedness, and to whom it has paid any
annuity or annuities, except, however, interest coupons
payable to bearer, and income exempt from taxation under
this act. In any individual case, any such corporation,
partnership, association or trust shall, upon request of the
274
General Acts, 1916. — Chap. 269.
Date of filing
returns.
Penalty.
Names of
public em-
ployees to be
furnished.
tax commissioner, state the respective amounts of dividends,
interest and annuities so paid by it to any person during
any calendar year.
The returns provided by this section shall be made on
or before the first day of Tylarch in each year; but the tax
commissioner ma}^ in his discretion, authorize such returns
to be made at any other date and in connection with any
other reports or returns that the said individuals, partner-
ships, associations, trusts and corporations may be required
to file with him.
Any individual, partnership, association, trust or cor-
poration that without reasonable excuse fails to comply
with the provisions of this section shall be punished by a
fine of not less than twenty-five nor more than five hundred
dollars for each offence.
Section 26. The treasurer of every city, town and
county, and the auditor of the commonwealth shall, in each
year not later than the tenth day of April, in the form pre-
scribed by the tax commissioner, furnish said commissioner
with the names and addresses of all employees of said cities,
towns, counties and of the commonwealth respectively who
received during the preceding calendar year as salary, wages,
or otherwise amounts exceeding eighteen hundred dollars
in each case, together with the amount received by each.
Unconstitu-
tionality of
any part not
to affect re-
maining parts
of act.
No caption to
afiect inter-
pretation.
Registration of
bonds; (re-
pealed. See
1916, 300,
(G.) § 6.)
GENERAL PROVISIONS.
Section 27. If any part, subdivision or section of this
act shall be declared unconstitutional, the validity of the
remaining parts of this act shall not be affected thereby.
Section 28. No caption to any section or set of sections
shall in any way control or affect the interpretation of this
act or of any part hereof.
Section 29. After the passage of this act or the fifteenth
day of May in the year nineteen hundred and sixteen, which-
ever last occurs, no bonds shall be registered under chapter
seven hundred and sixty-one of the acts of the year nineteen
hundred and fourteen, and acts in amendment thereof
and in addition thereto. The tax imposed by this act shall
not be assessed upon the income from any bond registered
under any of said acts until the term for which such bond
was exempted by registration has expired.
Section 30. This act shall take effect upon its passage.
Approved May 26, 1916.
General Acts, 1916. — Chap. 270. 275
An Act to dr^ide the commonwealth into districts for nhn^ 270
THE choice of SENATORS AND COUNCILLORS, AND TO AP- ^
PORTION REPRESENTATIVES TO THE SEVERAL COUNTIES.
Be it enacted, etc., as follows:
SENATORIAL DISTRICTS.
Section 1. For the purpose of choosing senators until Common-
the next decennial apportionment, the commonwealth is divided into
hereby divided, agreeably to the provisions of the constitu- Sstlrictf
tion, into forty districts, as hereinafter specified.
Section 2. The towns in the counties of Barnstable, Capeand
Dukes County and Nantucket, and the towns of Carver, ^^y°^°"*'^-
Duxbury, Halifax, Hanson, Kingston, Pembroke, Plymouth
and Plympton in the county of Plymouth shall constitute
a district to be known as the Cape and Plymouth District.
Section 3. The county of Bristol is divided into three Bristol county,
districts, as follows: —
The cities of Attleboro and Taunton and the towns of First Bristol.
Berkley, Dighton, Easton, Mansfield, North Attleborough,
Norton, Raynham, Rehoboth and Seekonk shall constitute
a district to be known as the First Bristol District.
The city of Fall River and the towns of Somerset and Second Bristol.
Swansea shall constitute a district to be known as the Second
Bristol District.
The city of New Bedford and the towns of Acushnet, Third Bristol.
Dartmouth, Fairhaven, Freetown and Westport shall consti-
tute a district to be known as the Third Bristol District.
Section 4. The city of Brockton and the towns of Plymouth.
Bridgewater, East Bridgewater, Lakeville, Marion, Matta-
poisett, Middleborough, Rochester, Wareham and West
Bridgewater in the county of Plymouth shall constitute a
district to be known as the Plymouth District.
Section 5. The city of Quincy and the towns of Co- Norfolk and
hasset and Weymouth in the county of Norfolk and the ^^°"* '
towns of Abington, Hanover, Hingham, Hull, Marslifield,
Norwell, Rockland, Scituate and Whitman in the county of
Plymouth shall constitute a district to be known as the
Norfolk and Plymouth District.
Section 6. The towns of Avon, Braintree, Canton, Norfolk.
Dedham, Dover, Foxborough, Holbrook, Medfield, Medway,
Millis, ]\Iilton, Needham, Norfolk, Norwood, Plainville,
Randolph, Sharon, Stoughton, Walpole, Wellesley, West-
276
General Acts, 1916. — Chap. 270.
Norfolk and
Suffolk.
Suffolk
county.
First Suffolk.
Second
Suffolk.
Third Suffolk.
Fourth
Suffolk.
Fifth Suffolk.
Sixth Suffolk.
Seventh
Suffolk.
Eii^hth
Suffolk.
Ninth Suffolk.
Essex county.
wood and Wrentham shall constitute a district to be known
as the Norfolk District.
Section 7. The town of Brookline in the county of
Norfolk, the wards numbered twenty-five and twenty-six
in the city of Boston in the county of Suffolk and the town
of Watertown in the county of Middlesex shall constitute a
district to be known as the Norfolk and Suffolk District,
Section 8. The county of Suffolk, exclusive of wards
twenty-five and twenty-six in the city of Boston, together
with the wards numbered one and tAvo in the city of Cam-
bridge in the county of ]\Iiddlesex, is divided into nine
districts, as follows : —
The cities of Chelsea and Revere, the town of Winthrop
and the ward numbered one in the city of Boston shall
constitute a district to be known as the First Suffolk Dis-
trict.
The wards numbered three, four and five in the city of
Boston and the wards numbered one and two in the city
of Cambridge shall constitute a district to be known as the
Second Suffolk District.
The wards numbered nine, ten and eleven in the city of
Boston shall constitute a district to be known as the Third
Suffolk District.
The wards numbered two, six and twelve in the city of
Boston shall constitute a district to be known as the Fourth
Suffolk District.
The wards numbered seven and eight in the city of Boston
shall constitute a district to be known as the Fifth Suffolk
District.
The wards numbered thirteen, fourteen and fifteen in the
city of Boston shall constitute a district to be known as the
Sixth Suffolk District.
The wards numbered seventeen, eighteen and twenty in
the city of Boston shall constitute a district to be known as
the Seventh Suffolk District.
The wards numbered sixteen, twenty-two and twenty-
three in the city of Boston shall constitute a district to be
known as the Eighth Suffolk District.
The wards numbered nineteen, twenty-one and twenty-
four in the city of Boston shall constitute a district to be
known as the Ninth Suffolk District.
Section 9. The county of Essex, exclusive of the ward
numbered six in the city of Lynn and the towns of Lynnfield
and Saugus, is divided into five districts, as follows : —
General Acts, 1916. — Chap. 270. 277
The wards numbered one, two, three, four, five and ^i^'st Essex.
seven in the city of Lynn and the towns of Xahant and
Swampscott shall constitute a district to be known as the
First Essex District.
The cities of Beverly and Salem and the towns of Danvers Second Essex.
and jMarblehead shall constitute a district to be known as
the Second Essex District,
The cities of Gloucester and Newburyport and the towns Third Essex.
of Essex, Hamilton, Ipswich, Manchester, Newbury, Rock-
port, Rowley, Salisbury, Topsfield, Wenham and West
Newbury shall constitute a district to be known as the
Third Essex District.
The city of Haverhill and the towns of Amesbury, Box- Fourth Essex.
ford, Georgetown, Groveland, Merrimac, JNIiddleton and
Peabody shall constitute a district to be known as the
Fourth Essex District.
The city of Lawrence and the towns of Andover, Methuen Fifth Essex.
and North Andover shall constitute a district to be known
as the Fifth Essex District.
Section 10. The county of Middlesex, together with Middlesex
the ward numbered six in the city of Lynn and the towns ''°^'^*^-
of Saugus and Lynnfield in the county of Essex, and ex-
clusive of the wards numbered one and two in the city
of Cambridge, and the town of Watertown, is divided into
eight districts, as follows : —
The city of Newton and the towns of Ashland, Framing- First Middlesex.
ham, Holliston, Hopkinton, Natick, Sherborn and Weston
shall constitute a district to be known as the First Middle-
sex District.
The wards numbered four, five, six, seven, eight, nine, Second
ten and eleven in the city of Cambridge and the town of ^^'^'^^^®®^-
Belmont shall constitute a district to be known as the
Second Middlesex District.
The city of Somerville and the ward numbered three in Third
the city of Cambridge shall constitute a district to be known ^ii<i<iiesex.
as the Third jMiddlesex District.
The cities of Everett, Maiden and Melrose shall constitute Fourth
a district to be known as the Fourth Middlesex District. ^li^^^'^^^^-
The cities of Marlborough and W^altham and the towns Fifth
of Concord, Hudson, Lexington, Lincoln, Maynard, Stow, "^^"^^'^^^^•
Sudbury and Wayland shall constitute a district to be
known as the Fifth Middlesex District.
The cities of Medford and Woburn and the towns of sixth
Arlington, Stoneham, Wakefield and Winchester shall
278
General Acts, 1916. — Chap. 270.
Seventh
Middlesex.
Eighth
Middlesex.
Worcester
county.
First
Worcester.
Second
Worcester.
Third
Worcester.
Fourth
Worcester.
Worcester and
Hampden.
constitute a district to be known as the Sixth IMiddlesex
District.
The wards numbered five and nine in the city of Lowell
and the towns of Acton, Aver, Bedford, Billerica, Boxborough,
Burlington, Carlisle, Littleton, North Reading, Reading,
Tewksbury and Wilmington in the county of Middlesex, and
ward six in the city of Lynn and the towns of Lynnfield
and Saugus in the county of Essex shall constitute a district
to be known as the Seventh Middlesex District.
The wards numbered one, two, three, four, six, seven and
eight in the city of Lowell, and the towns of Ashby, Chelms-
ford, Dracut, Dunstable, Groton, Pepperell, Shirley, Towns-
end, Tyngsborough and Westford shall constitute a district
to be known as the Eighth Middlesex District.
Section 11. The county of Worcester, the towns of
Brimfield, Hampden, Holland, Ludlow, Monson, Palmer,
Wales and Wilbraham in the county of Hampden, and the
towns of Bellingham and Franklin in the county of Nor-
folk, are divided into five districts, as follows: —
The wards numbered five, six, seven, eight and nine in
the city of Worcester shall constitute a district to be known
as the First Worcester District.
The wards numbered one, tw^o, three, four and ten in the
city of Worcester shall constitute a district to be known as
the Second Worcester District.
The cities of Fitchburg and Leominster and the towns of
Ashburnham, Athol, Gardner, Lunenburg, Royalston,
Phillipston, Templeton, Westminster and Winchendon shall
constitute a district to be known as the Third Worcester
District.
The towns of Auburn, Blackstone, Douglas, Grafton,
Hopedale, Mendon, Milford, Millbury, Millville, North-
borough, Northbridge, Oxford, Shrewsbury, Southborough,
Sutton, L^pton, Uxbridge, Webster and Westborough in the
county of Worcester, and the towms of Bellingham and
Franklin in the county of Norfolk shall constitute a district
to be known as the Fourth Worcester District.
The towns of Barre, Berlin, Bolton, Boylston, Brookfield,
Charlton, Clinton, Dana, Dudley, Hardwick, Harvard,
Holden, Hubbardston, Lancaster, Leicester, New Braintree,
North Brookfield, Oakham, Paxton, Petersham, Princeton,
Rutland, Southbridge, Spencer, Sterling, Sturbridge, Warren,
West Boylston and West Brookfield in the county of Worces-
ter, and the towns of Brimfield, Hampden, Holland, Ludlow,
Monson, Palmer, Wales and Wilbraham in the county of
General Acts, 1916. — Chap. 270. 279
Hampden shall constitute a district to be known as the
Worcester and Hampden District.
Section 12. The counties of Berkshire, Franklin, Hamp- Berkshire,
den and Hampshire, exclusive of the towns of Brimfield, Hampden and
Hampden, Holland, Ludlow, jNJonson, Palmer, Wales and cou^ties"^^
Wilbraham in the county of Hampden, are divided into five
districts, as follows : —
The cities of North Adams and Pittsfield and the towns of Berkshire.
Adams, Cheshire, Clarksburg, Dalton, Florida, Hancock,
Lanesborough, New Ashford, Savoy, Williamstown and
Windsor in the county of Berkshire shall constitute a dis-
trict to be known as the Berkshire District.
The towns of Alford, Becket, Egremont, Great Barring- Berkshire,
ton, Hinsdale, Lee, Lenox, ^Monterey, Mount Washington, andHkmpden.
New ]\Iarlborough, Otis, Peru, Richmond, Sandisfield,
Sheffield, Stockbridge, Tyringham, Washington and West
Stockbridge in Berkshire county, the city of Northampton
and the towns of Easthampton, Huntington, Southampton
and Westhampton in the county of Hampshire, and the
towns of Agawam, Blandford, Chester, Granville, Mont-
gomery, Russell, Southwick, Tolland, West Springfield and
Westfield in the county of Hampden shall constitute a
district to be known as the Berkshire, Hampshire and
Hampden District.
The towns in the county of Franklin and the towns of nTmpshirT*^
Amherst, Belchertown, Chesterfield, Cummington, Enfield,
Goshen, Granby, Greenwich, Hadley, Hatfield, ]Middlefield,
Pelham, Plainfield, Prescott, South Hadley, Ware, Williams-
burg and Worthington in the county of Hampshire shall
constitute a district to be known as the Franklin and Hamp-
shire District.
The wards numbered two, three, four, five, six, seven and nlmpden
eight in the city of Springfield and the towns of East Long-
meadow and Longmeadow in the county of Hampden shall
constitute a district to be known as the First Hampden
District.
The cities of Chicopee and Holyoke and the ward numbered nfmlfden.
one in the city of Springfield in the county of Hampden
shall constitute a district to be known as the Second Hamp-
den District.
Section 13. In case a new election is ordered during the vacancy
present political year to fill any vacancy in the senate, such poiTtk^af^^^^^
election shall be held in the district which elected the senator mied.^"^
whose place is vacant as it existed prior to the passage of
this act.
280
General Acts, 1916. — Chap. 270.
Common-
wealth
divided into
councillor
districts.
First.
Second.
Third.
Fourth.
Fifth.
Sixth.
Seventh.
Eighth.
Vacancy
during present
political year,
hww filled.
COUNCILLOR DISTRICTS.
Section 14. For the purpose of choosing councillors
until the next decennial apportionment, the commonwealth
is hereby divided, agreeably to the provisions of the consti-
tution, into eight districts, as hereinafter specified.
Section 15. The Cape and Plymouth, the Plymouth,
the Norfolk and Plymouth and the second and third Bristol
senatorial districts shall constitute a district to be known as
the First Councillor District.
Section 16. The first Bristol, Norfolk, Norfolk and
Suffolk, and the eighth and ninth Suffolk senatorial districts
shall constitute a district to be known as the Second Council-
lor District.
Section 17. The second, third, fourth, sixth and seventh
Suffolk senatorial districts shall constitute a district to be
known as the Third Councillor District.
Section 18. The first and fifth Suffolk and the second,
third and fourth Middlesex senatorial districts shall consti-
tute a district to be known as the Fourth Councillor District.
Section 19. The first, second, third, fourth and fifth
Essex senatorial districts shall constitute a district to be
known as the Fifth Councillor District.
Section 20. The first, fifth, sixth, seventh and eighth
Middlesex senatorial districts shall constitute a district to
be known as the Sixth Councillor District.
Section 21. The first, second, third and fourth Worces-
ter and the Worcester and Hampden senatorial districts
shall constitute a district to be known as the Seventh Council-
lor District.
Section 22. The Berkshire, the Berkshire, Hampshire
and Hampden, the Franklin and Hampshire and the first
and second Hampden senatorial districts shall constitute a
district to be known as the Eighth Councillor District.
Section 23. In case a new election is ordered during
the present political year to fill any vacancy in the council,
such election shall be held in the district which elected the
councillor whose place is vacant as it existed prior to the
passage of this act.
Representa-
tives ap-
portioned to
several
counties.
APPORTIONMENT OF REPRESENTATR^S.
Section 24. The two hundred and forty members of the
house of representatives are hereby apportioned to the
several counties, agreeably to the provisions of the constitu-
General Acts, 1916. — Chaps. 271, 272. 281
tion, until the next decennial apportionment, as follows : —
To the county of Barnstable, three representatives; to the
county of Berkshire, eight representatives; to the county of
Bristol, nineteen representatives; to the county of Dukes
County, one representative; to the county of Essex, thirty-
one representatives; to the county of Franklin, four repre-
sentatives; to the county of Hampden, fifteen representa-
tives; to the county of Hampshire, four representatives; to
the county of Middlesex, forty-eight representatives; to the
county of Nantucket, one representative; to the county of
Norfolk (excluding therefrom the town of Cohasset), thirteen
representatives; to the county of Plymouth (including in
addition the town of Cohasset), twelve representatives; to
the county of Suffolk, fifty-four representatives; and to the
county of Worcester, twenty-seven representatives.
Section 25. In case a new election is ordered during Vacancy
the present political year to fill any vacancy in the house of political year,
representatives, such election shall be held in the district ^°'^ ^'®'^'
which elected the representative whose place is vacant as
it existed prior to the passage of this act.
Section 26. This act shall take effect upon its passage.
Apyroved May 26, 1916.
An Act to provide for the t.\xation of certain forest (JJiar) 271
PRODUCTS.
Be it enacted, etc., as foUoivs:
Section twentv-three of Part I of chapter four hundred }^^\'$^ho
!• PI (>1 •Till ^^■^^ •'^' ^ 23,
and ninety oi the acts or the year nmeteen hundred and etc., amended.
nine, and amendments thereof, is hereby further amended
by adding at the end thereof a new paragraph, to be num-
bered "Eleventh", as follows: —
Eleventh, Timber after severance from the soil, cord Taxation of
1 IIP 1 1 . ,,..,. certain forest
wood and other forest products, lymg and bemg m the city products.
or town where they were grown, shall be assessed in that
city or towTi to the owner thereof.
Approved May 26, 1916.
An Act to limit arrest on mesne process. Chav 272
Be it enacted, etc., as follows:
Section 1. Section one of chapter one hundred and ^c^kmenLd
sixty-eight of the Revised Laws, as amended by chapter
four hundred and eighty of the acts of the year nineteen
282 General Acts, 1916. — Chap. 272.
hundred and ten, is hereby further amended by striking
out said section and inserting in place thereof the following:
Arrest on mesne — SectioTi 1. No pcFson shall be arrcstcd on mesne process
process m i i i • • a> • i p •
actions of con- uuicss the planitiii, or, m the case or a corporation, an
officer thereof, makes affidavit and proves to the satisfaction
of the court to which the writ is returnable or a justice
thereof: —
First. That one of the parties is a resident of or has a
usual place of business in this commonwealth, and, except
in actions upon negotiable instruments, that the plaintiff is
an original party to the cause of action or his executor or
administrator;
Second. That he has a good cause of action and reason-
able expectation of recovering a sum amounting to twenty
dollars exclusive of costs which have accrued in any former
action, in an action of contract, or an amount equal at least
to one third of the damages claimed in the WTit in an action
of tort;
Third. That he believes and has reason to believe that
the defendant intends to leave the commonwealth so that
execution, if obtained, cannot be served upon him;
Fourth. That he does not know of any property of the
defendant within the commonwealth which can be reached
by attachment or otherwise, sufficient to satisfy any judg-
ment he may recover;
Fifth. That he believes and has reason to believe that the
defendant has property, not exempt from being taken on
execution, which he does not intend to apply to the pay-
ment of the plaintiff's claim;
Or, instead of the Third, Fourth and Fifth, that the de-
fendant is an attorney-at-law, or a person, member of a
firm, agency or association engaged in the business of collect-
ing money, that the debt sought to be recovered is for
money collected by the defendant for the plaintiff and
that the defendant unreasonably neglects to pay the same
to the plaintiff.
Such affidavit, and the certificate of the court or justice
that it is found to be true, shall be annexed to the writ.
The court or justice may refuse such certificate if an arrest
in the particular case would be unjust or unnecessary. An
arrest shall not be made after sunset unless expressly au-
thorized in the certificate for cause.
Repeal. Section 2. Section two of chapter one hundred and
sixty-eight of the Revised Laws is hereby repealed.
General Acts, 1916. — Chap. 273. 283
Section 3. Section four of chapter one hundred and ^- ^i^'*' § *-
•1 e 1 Tt • 1 T •! i-ii amenaed.
Sixty-eight or the Itevised Laws is hereby amended by
striking out said section and inserting in place thereof the
following: — Sectioti. 4- The court issuing the process Reduction of
upon which the arrest was made, or a justice thereof, on ^'^ '^'^'^'^^■
motion may reduce the ad damnum of the writ, or, if the
arrest was unjust or unnecessary, may discharge the de-
fendant from arrest.
Section 4. This act shall take effect on the first day of J^^^ °f ^^^^'^s
September in the year nineteen hundred and sixteen.
Ap'proved May 26, 1916.
An Act relative to retiring and pensioning persons nj.nj. 973
EMPLOYED IN THE PRISON SERVICE OF THE COaniON- ^ '
WEALTH.
Be it enacted, etc., as follows:
Chapter six hundred and one of the acts of the year nine- i908. eoi. § i,
teen hundred and eight, as amended in section one by section ^^''" '^^'^'^'^'^•
one of chapter six hundred and seventy-three of the acts of
the year nineteen hundred and eleven, is hereby further
amended by striking out said section one and inserting in
place thereof the following: — Section 1. The board of Retiring and
. . -x 1 r 1 -ji ii pensioning
prison commissioners or its lawful successor, may, with the personsem-
approval of the governor and council, retire from active pHso^n se'i-vice
service and place upon a pension roll any officer of the mo*nwea°^".
state prison, of the Massachusetts reformatory, of the
prison camp and hospital, of the state farm, of the reforma-
tory for women, or of any jail or house of correction, or any
person employed to instruct the prisoners in any prison or
reformatory, as provided in section forty-four of chapter
two hundred and twenty-five of the Re\'ised Laws, or any
other employee of the state prison, the Massachusetts
reformatory or the prison camp and hospital who began
employment as such officer or instructor or employee on or
before June seventh, nineteen hundred and eleven, who
has attained the age of sixty-five ye&vs or over and who
has been employed in prison service in INIassachusetts, with
a good record, for not less than twenty j<tears; or who, with-
out fault of his own, has become permanently disabled by
injuries sustained in the performance of his duty; or who
has performed faithful prison service for not less than thirty
years: provided, however, that no officer of the state farm Proviso.
shall so be retired except upon the recommendation of the
284
Provisos,
General Acts, 1916. — Chaps. 274, 275.
trustees of that institution; and provided, jurther, that no
officer of any jail or house of correction shall so be retired
except upon the recommendation of the sheriff and county
commissioners of the county, except in the county of Suffolk,
where the recommendation as to the officers of the jail shall
be made by the sheriff and the mayor of the city of Boston,
and, as to the officers of the house of correction, by the
penal institutions commissioner and the mayor of the city
of Boston, and -provided, that no such officer, instructor or
employee shall be retired unless he began employment as
such officer, instructor or employee on or before June seventh,
nineteen hundred and eleven. Approved May 26, 1916.
Disposition of
certain returns
made to
supervisor of
loan agencies.
Chap. 21 4: An Act relative to the disposition of certain re-
turns MADE TO THE SUPERVISOR OF LOAN AGENCIES.
Be it enacted, etc., as follows:
Section 1. Returns made by persons, corporations and
associations to the supervisor of loan agencies under the
provisions of section five of chapter seven hundred and
twenty-seven of the acts of the year nineteen hundred and
eleven may be destroyed or disposed of by order of the said
supervisor after the lapse of three years from the date of
their receipt, and any proceeds received in the course of
their disposal shall be paid into the treasury of the com-
monwealth.
Section 2. This act shall take effect upon its passage.
Approved June 1, 1916.
Chap.275 An Act to establish the salary of the present
SECRETARY OF THE INDUSTRIAL ACCIDENT BOARD.
Be it enacted, etc., as jollows:
Section 1. The salary of Robert E. Grandfield, as
secretary of the industrial accident board, shall be four
thousand dollars a year so long as he shall continue to serve
in that capacity; but the salary of his successor shall be
three thousand dollars a year.
Section 2. So much of section two of Part III of chapter
seven hundred and fifty-one of the acts of the year nineteen
hundred and eleven, as amended by section seven of chapter
five hundred and seventy-one of the acts of the year nine-
teen hundred and twelve, and by section one of chapter
Salary of
present
secretary of
industrial acci-
dent board
established.
Repeal.
General Acts, 1916. — Chaps. 276, 277. 285
forty-eight of the acts of the year nineteen hundred and
thirteen, as is inconsistent herewith, is hereby repealed.
Section 3. This act shall take effect upon its passage.
Approved June 1, WW.
Chap.276
An Act relatr^e to the probate office of the county
of middlesex.
Be it enacted, etc., as Jolloivs:
Section 1 . Section one of chapter forty-one of the i9i5, 4i (O,
General Acts of the year nineteen hundred and fifteen is ' ^"^^'^ ^
hereby amended by striking out all after the words "from
the", in the fifth line, and inserting in place thereof the
words : — treasury of the commonwealth from the ordinary
revenue, — so as to read as follows : — Section 1 . The cierk in pro-
register of probate and insolvency for the county of Middle- of Middlesex
sex may, with the approval of the judges of probate for appomtment,
said county, appoint a clerk who shall receive a salary of ^*'^-
fourteen hundred and eighty-five dollars a year, payable
from the treasury of the commonwealth from the ordinary
revenue.
Section 2. The salary of the third assistant register of f fjf/t^jft *^''''^
probate and insolvencv for the countv of jNJiddlesex shall register
1 , ,1 1 1 n ' "" established.
be two thousand dollars a year.
Section 3. This act shall take effect upon its passage.
Approved June 1, WW.
An Act to establish the salary of henry D. COOLIDGE ryi c^rj^j
AS CLERK OF THE SENATE ANT) THE SALARY OF JAMES ^*
W^ KIMBALL AS CLERK OF THE HOUSE OF REPRESENTA-
TIVES.
Be it enacted, etc., as follows:
Section 1. The salary of Henry D. Coolidge as clerk Salaries of
of the senate and the salary of James W. Kimball as clerk cooiidg?and
of the house of representatives shall each be four thousand Ktobaiies-
dollars a year. tabUshed.
Section 2. This act shall take effect upon its passage.
Approved June 1, 19 W.
286
General Acts, 1916. — Chaps. 278, 279, 280.
Appointment
of assistant
engineers at
ttie state
prison.
Chap. 27 S An Act relative to the appointment of assistant
ENGINEERS AT THE STATE PRISON.
Be it enacted, etc., as follows:
Section 1. There shall be not more than three assistant
engineers at the state prison whose salaries shall not exceed
eleven hundred dollars per annum.
Section 2, This act shall take effect upon its passage.
Approved June 1, 1916.
Chap.279 An Act relative to certain returns and applications
made to the adjutant general.
Be it enacted, etc., as foUoivs:
«!tums. etc., Section 1. Returns made by city and town clerks to
^'^uta^nt *^^ adjutant general under the provisions of section eight
general may be of chapter six hundred and four of the acts of the year nine-
OGstrovGQ. • • *
teen hundred and eight, and applications for the use of
armories made under the provisions of chapter seven hundred
and fifty-one of the acts of the year nineteen hundred and
fourteen and chapter thirty-one of the General Acts of the
year nineteen hundred and fifteen may, after the lapse of
one year from the date of their receipt, be destroyed or dis-
posed of by order of their lawful custodian, and any pro-
ceeds received in the course of their disposal shall be paid
into the treasury of the commonwealth.
Section 2. This act shall take effect upon its passage.
Approved June 1, 1916.
Chap. 280 An Act to establish harbor lines in weymouth fore
RIVER ABOVE QUINCY POINT BRIDGE.
Be it enacted, etc., as follows:
Section 1. Harbor lines in Weymouth Fore river above
Quincy Point bridge, so-called, are hereby established as
follows : — For the line on the westerly or Quincy side of
the river, beginning at a point on the southerly side of the
Quincy Point bridge, so-called, in latitude forty-two degrees,
fourteen minutes, forty-one and seven tenths seconds north,
and longitude seventy degrees, fifty-eight minutes, seven
and three tenths seconds west; thence south thirteen de-
grees, thirty-four minutes, thirty-five seconds west two
hundred and eight and twenty-eight hundredths feet to a
point near the southeasterly corner of the wharf of the
Harbor lines
in Weymouth
Fore river
above Quincy
Point bridge
established.
General Acts, 1916. — Chap. 281. 287
heirs of Cyrus Patch, in latitude forty-two degrees, fourteen
minutes, thirty-nine and seven tenths seconds north, and
longitude seventy degrees, fifty-eight minutes, seven and
ninety-five hundredths seconds west; thence south nineteen
degrees, twenty-nine minutes, eleven seconds west two
thousand two hundred ninety-seven and ninety-one hun-
dredths feet to a point in latitude forty-two degrees, fourteen
minutes, eighteen and three tenths seconds north, and
longitude seventy degrees, fifty-eight minutes, eighteen and
fourteen hundredths seconds west; thence due west seven
hundred feet to a point; thence due north thirty feet, more
or less, to a point in the shore line of Hayward's creek, so-
called.
For the line on the easterly or Weymouth side of the Harbor line on
river, beginning at a point on the southerly side of the w^ymou^h^^^
Quincy Point bridge, so-called, in latitude forty-two de- esTabilshed.
grees, fourteen minutes, forty and fifteen hundredths seconds
north, and longitude seventy degrees, fifty-seven minutes,
fifty-nine and seven tenths seconds west; thence south nine
degrees, nine seconds west one thousand nine hundred fifty-
six and five tenths feet to a point in latitude forty-two
degrees, fourteen minutes, twenty-one and six hundredths
seconds north, and longitude seventy degrees, fifty-eight
minutes, three and seventy-seven hundredths seconds west;
thence due east five hundred feet to a point; thence due
north about one hundred and fifty feet, more or less, to a
point in the shore line.
The bearings and geographical positions used in the Authorities for
foregoing description are based on the elements of Clarke's ^^"^s^*®^"-
Spheroid and the astronomical data adopted by the United
States Coast and Geodetic Survey in the year eighteen hun-
dred and eighty.
Section 2. This act shall take eftect upon its passage.
Ay^roved June 1, 1916.
Chap.281
An Act relative to the disposition of certain re-
turns, COPIES AND STATEMENTS MADE TO THE TAX COM-
MISSIONER.
Be it enacted, etc., as follows:
Section 1 . Returns made to the tax commissioner under certain returns,
the provisions of section two of chapter three hundred and tlxc^?^*"
forty-two of the acts of the year nineteen hundred and CJdlstroyTd.^
nine, copies, returns and statements made under the pro-
288 General Acts, 1916. — Chaps. 282, 283.
Certain returns, visions of scctions sixty, ninety-three and ninety-five of
taxcmSmIs- Part I of chaptcF four hundred and ninety of the acts of the
deSro^df ^° year nineteen hundred and nine, and amendments thereof,
returns and copies made under the provisions of sections
eight, fourteen, twenty-two, twenty-four, thirty-four, thirty-
seven, forty, fifty-two, seventy-two and seventy-eight of
Part III of chapter four hundred and ninety of the acts of
the year nineteen hundred and nine, and amendments
thereof, and returns made under the provisions of chapter
two hundred and seventeen of the General Acts of the year
nineteen hundred and fifteen, may, after the lapse of five
years from the date of their receipt, be destroyed or disposed
of b}'^ order of their lawful custodian, and any proceeds
received in the course of their disposal shall be paid into the
treasury of the commonwealth.
Section 2. This act shall take effect upon its passage.
Approved June 1, 1916.
Chap. 282 An Act to establish the salaey of john e. mackinnon
AS AN ASSISTANT CLERK OF COURTS OF THE COUNTY OF
MIDDLESEX.
Be it enacted, etc., as follows:
Salary of John SECTION 1. The Salary of John R. MacKinnon, an
R. MacKinnon . i i p pi p -i\ r. i ii
established. assistaut clcrK oi courts 01 the county oi Middlesex, may,
with the approval of the county commissioners of the county
of Middlesex, be increased to twenty-two hundred dollars
a year.
Section 2. This act shall take effect upon its passage.
Approved June 1, 1916.
Chap. 283 An Act relative to the grafton state hospital.
Be it enacted, etc., as foUoivs:
Acts^reiative SECTION 1. Scction two of chapter six hundred and
state hospital scvcnty-nine of the acts of the year nineteen hundred and
twelve, as amended by chapter four hundred and fifty-six
of the acts of the year nineteen hundred and fourteen, and
by chapter one hundred and seventy of the General Acts
of the year nineteen hundred and fifteen, and sections three
and four of the said chapter six hundred and seventy-nine
are hereby repealed.
Section 2. This act shall take effect upon its passage.
Approved June 1, 1916.
repealed.
General Acts, 1916. — Chap. 284. 289
An Act to ajmend the laws relating to the militia. (JJidj) 284
Be it enacted, etc., as follows:
Section 1 . Section thirteen of chapter six hundred and amended ^ *^'
four of the acts of the year nineteen hundred and eight is
hereby amended by striking out the said section and in-
serting in place thereof the following: — Section 13. The Adjutant
adjutant general, as chief of staff for the land forces and as miiiTia, °^ *^^
chief of the department of naval militia, shall be charged duties, etc.
with carrying out the policies of the commander-in-chief,
and shall issue orders in the name of the commander-in-
chief. Except in those cases where by law or regulations
specific powers are conferred on the adjutant general as
such, he shall have no authority independently of the com-
mander-in-chief, from whom his orders shall be considered
as emanating, and his acts shall be regarded as in execution
of the orders of the commander-in-chief.
All orders and instructions, and all regulations for the Orders, etc.,
government of the militia and of the officers and enlisted ^^"^^^ -^
men therein, shall be issued by and communicated to the
commands and individuals in the military service through
the adjutant general, as chief of staff, and the department
of naval militia.
The adjutant general shall obey all orders from the com- Returns and
mander-in-chief, and , shall make such returns and reports '^p""^-
as may be prescribed by the commander-in-chief or required
by the laws or regulations of the commonwealth or of the
United States.
Section 2. Any officer or enlisted man may temporarily Temporary
be detailed or assigned to duty by the commander-in-chief duty?Sr*^^°
with commands other than his own, or in departments or
corps, or he may be detailed for any special duty by compe-
tent authority.
The commander-in-chief may detail or assign national Commander-
guard officers or enlisted men to temporary duty with the detail or assign
naval militia, or naval militia officers and enlisted men to men^'to certain
temporary duty with the national guard. Courts and '^"^y-^*"-
boards of the national guard or naval militia shall be con-
ducted in accordance with the regulations governing courts
and boards in the national guard or naval militia, respectively,
whether all the officers acting as members thereof are from
that branch of the service or wholly or in part from the
other branch of the service.
290
General Acts, 1916. — Chap. 284.
1908, 604, § 22,
etc., amended.
Naval militia.
1908, 604, § 39,
etc., amended.
Quartermaster
general,
duties, etc.
Transporta-
tion, etc.
1908, 604, § 42,
etc., amended.
Section 3. Section twenty-two of chapter six hundred
and four of the acts of the year nineteen hundred and eight,
as amended by section one of chapter six hundred and
seventy of the acts of the year nineteen hundred and eleven,
by section one of chapter five hundred and six of the acts
of the year nineteen hundred and twelve and by section
one of chapter seven hundred and eighteen of the acts of
the year nineteen hundred and fourteen, is hereby further
amended by striking out the said section and inserting in
place thereof the following: — Section 22. (a) The naval
militia and the organizations thereof shall continue as at
present constituted, until changed by the commander-in-
chief under authority conferred by law.
(b) The duty of the naval militia may be performed
afloat.
(c) Detachments of an engineer division may be recruited
and stationed in separate cities and towns.
(d) A division in the naval militia shall be subject to all
the laws applying to companies of the militia.
Section 4. Section thirty-nine of chapter six hundred
and four of the acts of the year nineteen hundred and eight,
as amended by section two of chapter three hundred and
forty-eight of the acts of the year nineteen hundred and
ten, by section one of chapter seven hundred and forty-
seven of the acts of the year nineteen hundred and eleven
and by section one of chapter seven hundred and thirty-
three of the acts of the year nineteen hundred and thirteen,
is hereby further amended by adding at the end thereof
the following new paragraphs : — Such officer or officers as
the commander-in-chief may designate shall have the super-
vision and control of all clothing, equipment and other
naval property, both state and federal, issued to, drawn or
purchased for the use of the naval militia. Such clothing,
equipment and other naval property, shall be purchased,
drawn and issued as the commander-in-chief may direct.
Such officer or officers as the commander-in-chief may
designate shall procure and provide transportation for the
naval forces and its equipment and other property, under
such regulations as the commander-in-chief may prescribe.
Section 5. Section forty-two of chapter six hundred
and four of the acts of the year nineteen hundred and eight,
as amended by section one of chapter two hundred and
ninety-nine of the acts of the year nineteen hundred and
ten, by section one of chapter two hundred and sixty-eight
General Acts, 1916. — Chap. 284. 291
of the acts of the year nineteen hundred and twelve, by
section one of chapter seven hundred and fifteen of the
acts of the year nineteen hundred and fourteen and by
section one of chapter seventy-one of the General Acts of
the year nineteen hundred and fifteen, is hereby further
amended by striking out the first paragraph and inserting
in place thereof the following: — Section 42. The staff of ^erfa'inS*"^
the commander-in-chief shall be appointed by him. The '^Y^' ^°"^
staff* of a brigade shall be appointed by the brigadier general
commanding; the staff of a regiment, squadron of cavalry,
or corps of cadets, by the commander thereof; the captains,
first lieutenants, second lieutenants and chaplain allowed to
the headquarters of the coast artillery corps shall be ap-
pointed by the chief of coast artillery, and they shall be
commissioned by the commander-in-chief on the request of
the appointing officer. The staff of a naval brigade or of an
administrative naval battalion shall be appointed by the
commander thereof; and they shall be commissioned by
the commander-in-chief on the request of the appointing
officer.
Section 6. Section forty-four of chapter six hundred amended ^ ^'
and four of the acts of the year nineteen hundred and eight
is hereby amended by striking out the said section and in-
serting in place thereof the following: — Section 44. {^) otlh^u^^^i
The following officers of the national guard shall be elected guard to be
by ballot: brigadier generals, by the field officers of the baUot.
respective brigades; field officers of regiments, the coast
artillery corps, battalion of field artillery, squadron of
cavalry and of corps of cadets, by the captains and lieutenants
of the several companies of the respective regiments, separate
battalion, squadron, or corps; captains and lieutenants of
companies, by the written votes of the enlisted men of the
respective companies, except that in the corps of cadets,
captains and lieutenants shall be elected by the written
votes of the enlisted men of the respective corps.
(b) The commanding officer of an administrative naval officersof
battalion shall be elected by the company officers of the andnavai
battalion. The other line officers of the battalion, except cholen^' °^
company officers, shall be appointed by the commander of
the battalion. The commanding officer of a naval brigade
composed of administrative naval battalions shall be elected
by the elected line officers of the brigade. The other line
officers of such naval brigade, except battalion and company
officers, shall be appointed by the commander of the brigade.
292
General Acts, 1916. — Chap. 284.
Line oflScers,
commissions.
Naval militia
oiBcers,
election.
190S, 604, § 57
amended.
Acceptance
of one office
to vacate office
previously
held.
Retired officers
exempt from
certain ex-
aminations.
1912, 464, § 8,
amended.
Certification of
medical
officers, etc.
Oaths.
Chief petty
officers, etc.,
appointment,
etc.
Line officers appointed under the provisions of this section
shall be commissioned by the commander-in-chief on the
request of the appointing officers.
Officers of companies in the naval militia shall be elected
by the written votes of the enlisted men of the respective
companies.
Section 7. Section fifty-seven of chapter six hundred
and four of the acts of the year nineteen hundred and eight
is hereby amended by striking out the said section and in-
serting in place thereof the following : — Section 57. The
acceptance of one office in the volunteer militia shall, for
the purpose of election, vacate another office therein
previously held by the same person; but the officer shall
serve until his successor is qualified, if so ordered by his
regimental, battalion or squadron commander, or by the
commander-in-chief. If an officer is so ordered to serve, he
shall do so by virtue of his old commission, and with the
rate of pay of the old commission, inasmuch as he cannot
exercise command or enter upon the performance of the
duties of his new commission until he has taken and sub-
scribed the oath of office.
Section 8. Retired officers in the volunteer militia shall
be exempt from the examinations required by chapter four
hundred and sixty-four of the acts of the year nineteen
hundred and twelve as amended.
Section 9. Section three of chapter four hundred and
sixty-four of the acts of the year nineteen hundred and
twelve is hereby amended by striking out the said section
and inserting in place thereof the following: — Section 3.
Medical officers and veterinarians shall appear before a
board consisting of three medical officers convened by the
commander-in-chief, which shall certify the competency of
such officer or give its reasons for refusing so to certify, and
in case of a refusal it shall transmit the complete record,
with its reasons for refusal, to the commander-in-chief.
It shall administer to medical officers and veterinarians the
oaths prescribed by section seventy-three of chapter six
hundred and four of the acts of the year nineteen hundred
and eight.
Section 10. The commander-in-chief shall provide in
regulations issued by him, how and by whom chief petty
officers, petty officers and other rated men in the naval
militia shall be appointed, warranted and reduced.
General Acts, 1916. — Chap. 284. 293
Section 11. Section eighty-two of chapter six hundred amended ^ **^'
and four of the acts of the year nineteen hundred and eight
is hereby amended by striking out the said section and in-
serting in place thereof the following: — Section 82. All fj'^f^®"*'
soldiers, except non-commissioned staff officers, shall be P"vates.
enlisted and mustered in as privates.
All enlisted men of the naval militia shall be enlisted and ^'f.^f' miutia.
, enlistment, etc.
mustered with such rank or ratmg as the commander-in-
chief may prescribe.
Section 12. In time of war, or when the volunteer Recruiting
militia is called into active service of the United States for ''^p^*^- ^*'=-
any reason, and is on duty at some point other than its
regularly established armory or location, the commander-
in-chief is authorized to establish recruiting depots and to
detail officers as recruiting and mustering officers, and such
officers so detailed shall have authority to enlist and muster
in enlisted men for all units of the volunteer militia on such
duty.
Section 13. Section one hundred and eight of chapter igos, 604, § los.
six hundred and four of the acts of the year nineteen hundred ^'"®°*^®'^-
and eight is hereby amended by striking out the said section
and inserting in place thereof the following: — Section lOS. Uniforms to
mi •!• p ^ • 1 1 11 1 •!• • conform to that
ihe uniform or the national guard and the naval mihtia of regular
shall conform as nearly as practicable to that of the regular of united
army or navy of the United States, respectively, as may be ^ ^''' ^ '''
prescribed by the commander-in-chief. No uniforms, except
required yearly supplies, shall be provided by the common-
wealth without a special appropriation for that purpose, and
they shall be purchased under such inspection as the com-
mander-in-chief may direct.
" Section 14. Section two hundred and one of chapter loos, co4, § 201.
six hundred and four of the acts of the year nineteen hundred ^"'^'^'^''^■
and eight is hereby amended by striking out the said section
and inserting in place thereof the following: — Section 201. bond"'*"*^'^ ^
Every officer regularly assigned to the duty of paying troops,
and the pa^inasters of the naval militia shall give bond in
the penal sum of ten thousand dollars, with such surety or
sureties as may be approved by the governor and council,
conditioned faithfully to perform the duties of their office.
Section 15. The chief quartermaster of the quarter- Rights, duties,
master corps of the militia and the chief surgeon of the office'Js.''^'^
medical department of the militia shall have, respectively,
all the rights, duties, powers and obligations conferred and
294
General Acts, 1916. — Chap. 285.
Chief quarter-
master, rights,
duties, etc.
" Naval
brigade,"
defined.
Certain words
stricken out of
laws.
imposed by law upon the quartermaster general and the
surgeon general, respectively.
The chief quartermaster of the quartermaster corps of the
militia shall also have all the rights, duties, powers and
obligations conferred and imposed by law upon the pay-
master general and the commissary general.
Section 16. (a) The words "naval brigade" as they
appear in sections eighty-three, eighty-seven, eighty-eight,
one hundred and fifty-one, one hundred and fifty-seven, one
hundred and fifty-eight, one hundred and fifty-nine, one
hundred and sixty- one, one hundred and seventy-two and
one hundred and eighty-five of chapter six hundred and four
of the acts of the year nineteen hundred and eight as amended,
and in section one of chapter six hundred and fifty-nine of
the acts of the year nineteen hundred and thirteen, shall
be held to include and apply to an administrative naval
battalion.
(b) The words "or naval brigade" and "except in the
naval brigade" in section thirty-one, the words "the naval
brigade" in sections seventy-four and eighty, and the words
"or of the naval brigade" in section one hundred and
ninety-eight, all said sections being in chapter six hundred
and four of the acts of the year nineteen hundred and eight as
amended, are hereby stricken out of said sections.
Approved June 1, 1916.
Chap. 2^^ An Act to abolish the state board of insanity and
TO ESTABLISH THE MASSACHUSETTS COMMISSION ON
MENTAL DISEASES.
Be it enacted, etc., as follows:
Section 1. The state board of insanity, existing under
authority of chapter eighty-seven of the Revised Laws and
acts in amendment thereof and in addition thereto, is hereby
abolished. All the rights, powers and duties of said board
are hereby transferred to and shall hereafter be vested in
and exercised by the commission on mental diseases, estab-
lished hereunder, which shall in all respects be the lawful
successor of said board. Immediately upon the appointment
and qualification of said commission and the taking effect
of this act under the provisions of section nine, all books,
papers, maps, plans, charts, records and all other docu-
ments or equipment in the possession of said board shall
be delivered to said commission. All the present employees
State board of
insanity
abolished.
Commission
on mental
diseases es-
tablislied.
General Acts, 1916. — Chap. 285. 295
of the board of insanity shall continue to perform their usual
duties upon the same terms and conditions unless suspended
or removed under the provisions of the civil service rules.
Section 2. The commission on mental diseases shall ofTJm"'^'^
consist of a director, and four associate members, all of mission, etc.
whom shall be appointed by the governor, with the advice
and consent of the council, — the director, for a term of
five years, and the associate members for terms of one, two,
three and four years, respectively, from the date of appoint-
ment, as the governor shall designate. Thereafter the Appointment.
governor shall annually appoint, in like manner, an associate
member for a term of four years, and every fifth year, a
director; shall fill all vacancies for the unexpired term, and
may, for cause and with the consent of the council, remove
said members. The director, and at least two of the associate
members, shall be physicians and experts in the care and
treatment of the insane. The director shall receive such 1?'^^°^^,
salary, not exceeding seven thousand five hundred dollars,
as the governor and council shall determine. The associate
members shall serve without compensation, but they, and
the director, shall be reimbursed for expenses necessarily
incurred in the performance of their duties.
Section 3. The commission shall have general super- Powers and
vision of all public and private institutions and receptacles commission,
for insane, feeble-minded or epileptic persons, or for persons
addicted to the intemperate use of narcotics or stimulants,
except the Norfolk state hospital and the Hospital Cottages
for Children at Baldwinsville. When so directed by the
governor they may assume and exercise the powers of the
board of trustees of any state institution under their super-
vision in any matter relative to the conduct or management
thereof. The commission shall have the same powers relative
to state charges in institutions or other places under its
supervision, and to their property, as are vested in towns
and overseers of the poor in the matter of the support and
relief of paupers.
Section 4. The director shall be the administrative and £'ecu*°Je*head
executive head of the commission. He shall administer the etc., duties, etc.
laws relative to the classes of persons in the institutions
under the supervision of the commission, shall prepare
rules and regulations for its consideration, shall appoint
such agents and subordinate officers as the commission may
deem necessary, and shall fix their compensation, subject
to the approval of the governor and council.
296
General Acts, 1916. — Chap. 285.
Visits to in-
stitutions by
commission.
Licenses to
priv^ate
hospitals for
treatment of
insane, etc.
Foca.
Penalty.
Repeal.
Time of taking
effect.
Section 5. The commission shall visit every institution
under its supervision at least once a year, and oftener if the
governor so directs. It shall ascertain by actual examination
and inquiry whether the laws relating to the persons in
custody or control therein are properly observed, shall give
such directions as will insure correctness in the returns
required in respect to such persons, and may use all necessary
means to collect all desired information. The commission
shall carefully inspect every part of the institution visited
with reference to its cleanliness and sanitary condition, the
number of patients in seclusion or restraint, the dietary of
the patients and any other matters which it may consider
material, and shall offer to every patient an opportunity
for an interview with its visiting members or agents.
Section 6. The commission may annually license any
suitable person to establish and maintain a hospital or
private house for the care and treatment of the insane,
epileptic, feeble-minded, and persons addicted to the in-
temperate use of narcotics or stimulants, and may at any
time revoke the license. No such license shall be granted
unless the said commission is satisfied, after investigation,
that the person applying therefor is a duly qualified physician,
as provided in section thirty-two of chapter five hundred
and four of the acts of the year nineteen hundred and nine,
and has had practical experience in the care and treatment
of such patients. Licenses granted hereunder shall expire
with the last day of the calendar year in which they are
issued, but may be renewed. The board shall have power to
fix reasonable fees for said licenses upon renewals thereof.
Section 7. Whoever after the first day of January in the
year nineteen hundred and seventeen establishes or main-
tains such a hospital or private house, unless duly licensed
under authority of this act, shall be guilty of a misdemeanor
and shall be punished by a fine of not more than five hundred
dollars.
Section 8. So much of chapter seven hundred and
sixty-two of the acts of the year nineteen hundred and
fourteen as is inconsistent herewith is hereby repealed.
• Section 9. So much of this act as authorizes the ap-
pointment of a commission on mental diseases shall take
effect upon its passage. The other provisions hereof shall
take effect upon the appointment and qualification of the
members thereof, but not before the first day of August,
nineteen hundred and sixteen. Approved June 1, 191G.
General Acts, 1916. — Chap. 286. 297
An Act to provide for the construction by counties Cha'f).2SQ
OF tuberculosis hospitals for cities and towns
HAVING LESS THAN FIFTY THOUSAND INHABITANTS.
Be it enacted, etc., as follows:
Section 1. The county commissioners of each county certain
in the coimnonwealth, except Suffolk, Nantucket and Dukes provide^
County, are hereby authorized and directed to provide hospitabfor
adequate hospital care for all those persons residing in cities cfues'and
or towns having less than fifty thousand population, as de- towns.
termined by the latest United States census, within the
boundaries of their respective counties and suffering from
consumption, who are in need of such hospital care and for
whom adequate hospital provision does not already exist.
The said hospital provision shall be available for patients Time when
on or before the first day of January, nineteen hundred and
eighteen; but if, in order to comply with the provisions of
this section, it is necessary for any county to construct a
new building at an expense exceeding ten thousand dollars,
including any necessary payment for land, or to make sub-
stantial additions to or alterations in an existing building at
an expense exceeding ten thousand dollars, such new con-
struction, addition or alteration need not be completed until
the first day of September, nineteen hundred and eighteen.
Section 2. A contract entered into before January first Making of
B.i -iiiii ip j_ p contracts for
or the year nmeteen hundred and seventeen tor a term or supplying
years not less than five nor more than twenty-five, and f ^m t^ies for
approved by the state department of health after a petition ''"^"'np^'^es.
made to the said department and a public hearing thereon,
between (a) boards of county commissioners of two adjoining
counties, or (b) boards of county commissioners of any
county and the legally constituted authorities of any city
within the same county, or (c) either county commissioners
or the legally constituted authorities of cities of fifty thou-
sand or more inhabitants and the trustees or authorities of
any existing or future privately endowed tuberculosis institu-
tion, or the trustees of any fund available for the purpose of
supplying hospital facilities for persons suffering from con-
sumption, for the express purpose of supplying, within a
reasonable time as provided in the conditions of approval
of the state department of health, and guaranteeing adequate
hospital provision for consumptives coming under the pro-
visions of this act, shall be held to be satisfactory compliance
298
General Acts, 1916. — Chap. 286.
Proviso.
"Adequate"
hospital
provision,
term defined.
Exemptions.
County com-
rnissioners to
erect one or
more hospitals.
with the provisions of this act for such counties, sections of
counties, or for such cities or classes of individuals, as the
case may be, as are designated in the contract; and such
contracts shall, subject to the approval of the state depart-
ment of health, be renewable upon such terms as shall be
satisfactory to the contracting parties: provided, hoivever,
that if such contracts are not renewed and approved by the
state department of health at least nine months before their
expiration, or if the contracts are renewed and the state
department of health shall refuse approval on the ground
that by reason of changed circumstances the contract will
be inadequate properly to protect the public health of the
communities affected by it, and the contracting parties fail
within six months before the time when the previous contract
expires to agree to a renewal of the contract upon terras
approved by the state department of health, the duties and
obligations relative to supplying adequate hospital care for
such counties, or sections of counties, cities or classes of
individuals imposed upon county commissioners and city
governments by this act shall be in full force and effect.
Section 3. "Adequate" hospital provision for con-
sumptives within the meaning of this act shall be held to
mean at least one such hospital bed for each two deaths
from consumption in the county, counties, parts of a county,
or cities served by such hospitals, as the case may be, as
determined by computing the average number of deaths
from consumption per annum for the years nineteen hundred
and eleven to nineteen hundred and fifteen, inclusive, in the
communities served by such hospitals, and by a similar
quinquennial computation by the state department of
health thereafter.
Section 4. Cities having more than fifty thousand
inhabitants within the meaning of this act, and also cities
and towns having less than fifty thousand inhabitants
within the meaning of this act but already possessing and
continuing to furnish adequate tuberculosis hospital pro-
vision according to section three, shall be exempt from the
provisions of this act and shall not be required to pay any
part of the county tax which is assessed in order to comply
with the provisions of this act.
Section 5. County commissioners are authorized and
directed, subject to the approval of the state department of
health, to erect one or more hospitals within their respective
counties to carry out the provisions of this act, or they may
General Acts, 1916. — Chap. 286. 299
in the case of counties having a total population of less than county com-
fifty thousand inhabitants, as determined by the latest may contract
United States census, arrange to obtain tuberculosis hospital ronSmptivea
care for those consumptives coming within their jurisdiction counties!*
by entering into a contract with a tuberculosis institution
in a neighboring county in accordance with the provisions
of section two. No new tuberculosis hospital shall be erected
under the provisions of this act having a total capacity of
less than fifty beds.
Section 6. County commissioners are authorized and nioney!°etc.
directed in carrying out the provisions of this act, to raise
and expend such sums of money for acquiring land and con-
structing and equipping hospitals, and for the purchase,
alteration and enlargement of existing buildings, as may be
necessary to carry out the provisions of this act. They are.
authorized to borrow on the credit of the county the said
sums of money, and to issue the notes of the county therefor,
with interest at a rate not exceeding five per cent per annum, Rate of
payable semi-annually. The notes shall be signed by the
county treasurer and countersigned by a majority of the
county commissioners. The county may sell the said se-
curities at public or private sale on such terms or conditions
as may be deemed proper, but the proceeds shall be used
only for the purposes specified by this act. Said notes may
be renewed from time to time until such time as all the
cities and towns liable have paid to the county treasurer the
amounts assessed. All reimbursement from cities and
towns shall be applied to the payment of temporary debt
incurred under the provisions of this act by said counties.
Section 7. When the hospital is completed and equipped, Jo°tT^ittes'*
the county commissioners shall determine the cost of the and towns,
same, together with the interest paid or due on the bonds
or notes issued therefor, and shall apportion the same to
the several cities and towns that are liable under this act,
in accordance with their valuation used in assessing the
county taxes. And each of the cities and towns liable under
this act to contribute to the construction and equipment of
said hospital, shall pay its proportion of said expenses into
the treasury of the county in such manner and in such in-
stalments as the county commissioners shall, by a special
order direct; and if any city or town shall neglect or refuse Remedy for
to pay its proportion as required by said order, the county proportion^of^
commissioners shall, after notice to the city or town, and *'°^*"
unless sufficient cause is shown to the contrary, issue a
300
General Acts, 1916. — Chap. 286.
Cities and
towns may
issue bonds.
County to
provide for
care, etc., of
hospital by
apportionment
of cost, etc.
May purchase
land, etc.
Damages.
warrant against the city or town for the sum which it was
ordered to pay, with interest, and the costs of the notice
and warrant; and the same shall be collected and paid into
the county treasury, to be applied in payment of the ex-
penses aforesaid.
Section 8. Any city or town upon which any part of
the expense of construction of said hospital shall have been
assessed or apportioned by the county commissioners may
incur indebtedness, and may issue bonds or other securities
for the payment of their respective assessments, outside of
their statutory debt limit. Such bonds or other securities
shall be issued upon the serial plan, in accordance with the
provisions of chapter seven hundred and nineteen of the
acts of the year nineteen hundred and thirteen, so far as
they apply, and shall be payable within twenty years after
their respective dates of issue.
Section 9. The county shall provide for the care,
maintenance and repair of said hospital. In January of
each year the county commissioners shall apportion the cost
of the same for the previous year to the cities and towns
liable under this act, in the same proportion in which the
cost of the construction was assessed, and shall issue their
warrant against the cities and towns for the amount or
percentage for which the cities and towns are severally
assessed to pay for the maintenance, care and repair of said
hospital. The county may, thirty days after a demand in
writing for payment, recover in an action of contract against
any city or town liable to pay any part of the cost of con-
struction, maintenance or repair of said hospital, the amount
for which the same may be liable.
Section 10. For the purpose of carrying out the pro-
visions of this act county commissioners may purchase or
lease, or take by right of eminent domain, such land, not
exceeding five hundred acres in extent, as they may deem
necessary or convenient. Damages for the taking of land
or for the doing of any other act under authority hereof may
be recovered in the manner provided by law for the recovery
of damages in the case of land taken for highways. If land
is taken by right of eminent domain, the county commis-
sioners shall file in the registry of deeds for the district
where the land is situated, a plan and description of the
land taken sufficiently accurate for identification, where-
upon title to the land shall vest in the county, to be held
for said hospital district.
General Acts, 1916. — Chap. 286. 301
Section 1 1 . The county commissioners shall be trustees County com-
of the hospitals erected under the provisions of this act, be trusted,
shall make suitable regulations for their government, and ^^'^'
shall appoint superintendents and such other officers and
employees as may be necessary for the proper conduct of
such hospitals. The superintendents and other physicians
employed shall be appointed subject to the approval of the
trustees of hospitals for consumptives.
Section 12. Patients shall be admitted to the said pSJete!
hospitals through application by the boards or departments
of health of the cities and towns served by the hospitals.
The charges for the support of patients shall be based on the
actual cost of their care and treatment, exclusive of all
interest or other expenses pertaining to the construction,
equipment or permanent upkeep of the institution, which
expenses shall be a charge against the county, as provided
in section six. Patients may be admitted who pay for their
care in whole or in part, on terms fixed by the trustees, or
for whom such payment in whole or in part is made by
others; but all patients shall be admitted in the order of
their application, and no preference shall be given to paying
patients over others. The charge for the support of the Payment by
patient in any hospital established hereunder shall be paid towns? etc.
by the city or town by which he is sent to the hospital, so
far as the same or any part thereof is not paid by the patient,
or in his behalf, as aforesaid. If the patient has no known
settlement in the commonwealth the charge shall be paid
by the commonwealth upon the approval of the bills by the
state board of charity in the same manner as provided by
chapter three hundred and eighty of the acts of the year
nineteen hundred and nine. Such charges may afterward
be recovered by the city or town or by the treasurer of the
commonwealth, as the case may be, from the patient if he
is able to pay, or from any person or kindred bound by
law to maintain him, in the manner now provided by section
ten of chapter four hundred and seventy-four of the acts of
the year nineteen hundred and seven, as amended by chapter
seventeen of the acts of the year nineteen hundred and
twelve, for the recovery of unpaid charges for the support
of inmates of the state sanatoria. All cities and towns pay- Payment to
ing for the support of patients an amount exceeding fifty towns^for
per cent of the actual cost of maintaining them in hospitals patien'^s.^^
erected, or utilized by contract, under the provisions of this
act shall be entitled to any payment or repayments allowed
302
General Acts, 1916. — Chap. 286.
Situation,
plans, etc., to
be approved
by state de-
Eartment of
ealth.
Official
visitors,
appointment,
etc.
Certain
officials to act
for district
comprising
cities of
Chelsea and
Revere and
town of
Winthrop.
Act, how
construed.
under the laws of the commonwealth in the same manner
and subject to the same conditions which now apply to the
support of tuberculosis patients in a city or town tuberculosis
hospital.
Section 13. The situation, plans for construction and
actual construction of any new hospitals or additions to any
existing hospitals, provided for the piu'pose of carrying out
the provisions of this act, shall be subject to the approval of
the state department of health. The state department of
health, for each hospital maintained by counties under the
provisions of this act, and for each hospital caring under
contract with county commissioners for tuberculosis patients,
shall annually in January appoint from the inhabitants of
the cities or towns served by the aforesaid hospitals an un-
paid board of five official visitors, of whom two shall be
women, whose duty it shall be to visit the said hospitals
from time to time and to make such suggestions and recom-
mendations relative to the improvement of their manage-
ment, and to the efficient and humane care of patients, as
they may deem proper, jointly to the county commissioners
and the state district health officer within whose jurisdiction
the institution is situated.
Section 14. The mayors of the cities of Chelsea and
Revere and the chairman of the board of selectmen of the
town of Winthrop shall have and exercise, for the purposes
of this act, the powers given to county commissioners, and
they are hereby designated as a board of trustees for the
tuberculosis hospital district comprising the cities of Chelsea
and Revere and the town of Winthrop, and they are hereby
authorized and directed to provide adequate hospital care
for persons residing in the cities of Chelsea and Revere and
the town of Winthrop suffering from consimiption who are
in need of such hospital care in the same manner as county
commissioners are directed in section one.
Section 15. Nothing in this act shall be construed to
repeal chapter five hundred and twenty-seven of the acts of
the year nineteen hundred and thirteen, or chapter one
hundred and fifty-three of the General Acts of the year
nineteen hundred and fifteen, or section: thirty-five of chapter
seventy-five of the Revised Laws and the amendments
thereof, in so far as the said acts pertain to cities having a
population of fifty thousand or more inhabitants within the
meaning of this act, or in so far as such acts pertain to the
care of diseases other than consumption or to the inspection
General Acts, 1916. — Chaps. 287, 288. 303
of institutions by the state district health officers; but so Repeal,
much of the said acts as require cities and towns having
less than fifty thousand population to make hospital pro-
vision for tuberculosis patients is hereby repealed.
Aj) proved June 1, 1916.
An Act relative to the sal.\ries of the deputy (Jjidj) 287
ASSISTANT district ATTORNEYS FOR THE SUFFOLK DIS-
TRICT.
Be it enacted, etc., as foUoivs:
Section three of chapter four hundred and thirty-nine of etc*'' Amended
the acts of the year nineteen hundred and ten, as amended
by section one of chapter six hundred and two of the acts
of the year nineteen hundred and thirteen, is hereby further
amended by striking out the words "twenty-two hundred",
in the thirteenth and fourteenth lines, and inserting in
place thereof the words: — twenty-five hundred, — so as to
read as follows: — Section 3. The district attorney for the Salaries of
Suffolk district may, if in his opinion the interests of the aalsta^nt
commonwealth so require, with the approval of the chief Attorneys for
justice of the superior court, appoint two deputy assistant di\ficf°"'
district attorneys in addition to the assistant district attorneys established.
provided for in section two of this act. Said district attorney
may at his pleasure remove any deputy assistant district
attorney appointed under the provisions of this section.
The amount of the annual salary of every deputy assistant
district attorney appointed under the provisions of this
section shall be fixed by said district attorney, with the
approval of the chief justice of the superior court, but shall
not exceed twenty-five hundred dollars for each deputy
assistant district attorney, and said salary shall be paid
out of the treasury of the commonwealth.
Apjyroved June 1, 1916.
Chap.28S
An Act to abolish the board of il^rbor and land com-
missioners AND the directors OF THE PORT OF BOSTON
AND TO ESTABLISH THE IVLiSSACHUSETTS COMMISSION ON
WATERWAYS AND PUBLIC LANDS.
Be it enacted, etc., as follows:
Section 1. The board of harbor and land commis- Board of
sioners, established under the provisions of chapter ninety- w
six of the Revised Laws, and the board known as the di- dkectorrol
harbor and
commis-
304
General Acts, 1916. — Chap. 288.
the port of
Boston
abolished.
Contracts,
etc., to be
assumed.
Employees.
Commission
on Waterways
and Pubhc
Lands
estabhshed.
Salaries.
Superintendent
of commerce
and superin-
tendent of
engineering,
appointment,
etc.
rectors of the port of Boston, established under the pro-
visions of chapter seven hundred and forty-eight of the
acts of the year nineteen hundred and eleven, as amended
by chapter seven hundred and twelve of the acts of the
year nineteen hundred and fourteen, are hereby abolished.
All the rights, powers, duties and obligations conferred and
unposed by law on said board are hereby transferred to,
and shall hereafter be exercised and performed by, the com-
mission hereinafter established which shall be the lawful
successor of said boards. Immediately upon the appoint-
ment and qualification of the members of said commission,
all books, papers, maps, charts, surveys, plans, records,
and all other documents or eciuipment in the possession of
said boards, shall be delivered to the commission. All
existing contracts and obligations of the directors of the
port of Boston and the board of harbor and land commis-
sioners shall be assumed by the commission. All the em-
ployees of said boards shall, as temporary appointees,
continue to perform their usual duties upon the same terms
as heretofore until removed by the commission, but any of
the present employees of said boards shall be eligible to
appointment without further examination.
Section 2. The governor, with the advice and consent
of the council, shall appoint three persons to serve for terms
of one, two, and three years, respectively, from the first
day of July, nineteen hundred and sixteen, as the governor
may specify, who shall constitute a board to be known as
the Commission on Waterways and Public Lands, As the
term of each member expires, the governor shall, in like
manner, appoint a successor for a term of three years, and
shall fill any vacancy for the unexpired term. Any member
may be removed by the governor with the advice and consent
of the council. The governor shall designate one member
to serve as chairman, who shall receive an annual salary of
four thousand five hundred dollars. The other members
shall each receive an annual salary of four thousand dollars.
They shall be furnished with suitable quarters in the state
house.
Section 3. The commission shall appoint a superin-
tendent of commerce and a superintendent of engineering
who shall each receive such salary as the commission may
determine, with the approval of the governor and council.
They shall, under the control of the commission, perform
such duties as may from time to time be assigned to them
General Acts, 1916. — Chaps. 289, 290. 305
respectively by the commission. The commission may also
employ such clerical and other assistance as may be neces-
sary for the performance of its duties, subject to all general
laws, now or hereafter in force, relating to appointments and
employment in the civil service of the commonwealth.
Section 4. The commission shall, on the first day of Annual report.
January of each year, submit a report to the general court,
which report shall contain a statement of the doings of the
commission during the preceding year and such recommenda-
tions as to legislation as in the opinion of the commission
may be expedient to carry on the duties of the commission.
Section 5. So much of this act as provides for the Time of
appointment of the commission hereby established shall '"^"^ ^^'
take effect upon its passage. All other provisions thereof
shall take effect upon the qualification of the members of
said commission, but not earlier than July one, nineteen
hundred and sixteen. Approved June 1, 1916.
Chap.289
An Act relative to the solicitation of business on
public sidewalks.
Be it enacted, etc., as follows:
Whoever, upon any public sidewalk in front of any retail ^gf^gg*'"""^
store other than his own, or one in which he is employed, public
1 . • J" j_' .1.1 sidewalks by
makes a practice oi accosting persons other than an ac- certain
quaintance, and there induces or tries to induce such person proSbited.
to purchase at any other store or place, at retail, merchan-
dise similar in kind to any kept or displayed for sale in such
store, shall be punished by a fine not exceeding one hun-
dred dollars. This act shall not apply to licensed pedlers
acting within the scope of their license, nor to persons when
seeking to sell newspapers, pamphlets or other printed
matter. Approved June 1, 1916.
An Act relative to punishment for reckless driv- (JJku) 290
ING OF motor vehicles AND THE OPERATION THEREOF
BY PERSONS UNDER THE INFLUENCE OF INTOXICATING
LIQUORS.
Be it enacted, etc., as follows:
Section twenty-two of chapter five hundred and thirty- i909. 534. § 22,
four of the acts of the year nineteen hundred and nine, as ^ '^" *'"'^° ^
amended by section one of chapter one hundred and twenty-
three of the acts of the year nineteen hundred and thirteen,
306
General Acts, 1916. — Chap. 290.
Penalty for
operating
automobile,
etc., recklessly
or while under
influence of
intoxicating
liquor, etc.
Punishment for
second offence.
Revocation or
suspension of
license, etc.
Commission
to have dis-
cretion, etc.
Proviso.
is hereby further amended by striking out the said section,
and inserting in place thereof the following : — Section 22.
Whoever upon any way operates an automobile or motor
cycle, recklessly, or while under the influence of intoxicating
liquor, or so that the lives or safety of the public might be
endangered, or upon a bet, wager or race, or whoever operates
a motor vehicle for the purpose of making a record and
thereby violates any provision of sections sixteen and seven-
teen of this act, or whoever without stopping and making
known his name, residence, and the number of his motor
vehicle goes away after knowingly colliding with or other-
wise causing injury to any other vehicle or property, or
whoever uses a motor vehicle without authority, shall be
punished by a fine of not less than twenty nor more than
two hundred dollars, or by imprisonment for a term of not
less than two weeks nor more than two years, or by both
such fine and imprisonment ; except that for a second offence
of operating an automobile or motor cycle while under the
influence of intoxicating liquor, a person shall be punished
by imprisonment for a term of not less than thirty days
nor more than two years. Any person who operates an
automobile or motor cycle upon any way in this common-
wealth and who, without stopping and making known his
name, residence, and the number of his motor vehicle, goes
away after knowingly colliding with or otherwise causing
injury to any person, shall be punished by imprisonment
for a term of not less than thirty days nor more than two
years. A conviction of a violation of this section shall be
reported forthwith by the court or magistrate to the com-
mission which may in any event and shall, unless the court
or magistrate recommends otherwise, revoke immediately
the license of the person so convicted, and no appeal from
the judgment shall operate to stay the revocation of the
license. If it appears by the records of the commission
that the person so convicted is the owner of a motor vehicle
or vehicles or has exclusive control of any motor vehicle
or vehicles as a manufacturer or dealer, the commission
may revoke the certificate of registration of any or all motor
vehicles so owned or exclusively controlled. The com-
mission in its discretion may issue a new license to any
person acquitted in the appellate court, or after an investi-
gation or upon hearing may issue a new license to a person
convicted in any court: provided, that no new license shall
be issued by the commission to any person convicted of
General Acts, 1916. — Chap. 291. 307
operating a motor vehicle while under the influence of
intoxicating Hquor until one year after the date of final
conviction, if for a first offence, or five years after any
subsequent conviction, and to any person convicted of
violating any other provision of this section until sixty days
after the date of final conviction if for a first oft'ence, or one
year after the date of any subsequent conviction. The Second offence,
prosecution for the violation of any of the provisions of this "^'^'^p^^^o^-
section if a second offence, shall not, unless the interests of
justice require such disposition, be placed on file or other-
wise disposed of except by trial, judgment and sentence
according to the regular course of criminal proceedings. It
shall be otherwise disposed of only on motion in writing,
stating specifically the reasons therefor, and verified by
affidavit if facts are relied on. If the court or magistrate
certifies in writing that he is satisfied that the reasons relied
upon are sufficient and that the interests of justice require
the allowance of the motion, the motion shall be allowed,
and the certificate shall be filed in the case. A copy of the
motion and certificate shall be sent by the court or magis-
trate forthwith to the INIassachusetts highway commission.
Ayinoved June 1, 1916.
An Act relative to the tenure of office of chiefs of Qhnjj 291
FIRE departments IN THE METROPOLITAN FIRE PREVEN-
TION DISTRICT.
Be it enacted, etc., as follows:
Section 1 . The chief engineer of the fire department of Tenure of
any city or town now or hereafter included within the offiredepart-
metropolitan fire prevention district shall hold his office Seu-opoiitan
continuously during good behavior unless incapacitated by dL^tnctT''"*"'"
physical or mental disability to perform the duties of his
position: yrovided, however, that the chief of the fire de- Proviso,
partment may, with the consent of the confirming authority,
remove said engineer for just cause and for reasons specifically
assigned by said authority.
Section 2. Before being removed in the manner above Tobe
provided, the chief engineer of any of said cities or towns lithcopyof
shall be furnished with a copy of the reasons required in removai!"'^
section one, and shall be allowed a reasonable time to answer
them in WTiting. A copy of the reasons, notice and answer,
and of the order of removal, shall be filed with the city or
town clerk.
308
General Acts, 1916. — Chap. 292.
Act to be
submitted to
certain cities
and towns.
Proviso.
Section 3. This act shall be submitted to the several
cities and towns included in the metropolitan fire prevention
district at their next respective municipal elections or town
meetings, and shall take effect in any such cit}^ or town
upon its acceptance by a majority of the voters voting
thereon: provided, that if in any city or town in said district
the provisions of the civil service laws are already applicable
to the chief engineer of the fire department, this act shall
take effect therein upon its passage.
Approved June 1, 1916.
Practice of
law by
corporations
prohibited.
Proviso.
Chap. 2^2 An Act to prohibit the practice of law by corpora-
tions.
Be it enacted, etc., as follows:
Section 1. It shall be unlawful for any corporation to
practice or appear as an attorney-at-law for any person
other than itself in any court in this commonwealth or
before any judicial body or to bold itself out to the public or
to advertise as being entitled to practice law; it shall further
be unlawful for any corporation to draw agreements, or
other legal documents not relating to its lawful business,
or to draw wills, or to practice law, or to hold itself out in
any manner as being entitled to do any of the foregoing acts,
whether by or through any person or persons, and whether
orally or by advertisement, letter or circular: provided,
however, that the foregoing shall not prevent any national
bank or any bank or trust company incorporated under the
laws of this commonwealth from furnishing to persons
with whom it may deal or who may apply for the same,
through its officers or agents, legal information or legal
advice w^ith respect to investments, taxation, or an issue or
offering for sale of stocks, bonds, notes or other securities
or property.
Section 2. Any corporation violating the provisions of
this act shall be liable to a fine of not more than one thou-
sand dollars; and every officer, agent or employee of any
such corporation who, on behalf of the same, directly or
indirectly, engages in any of the acts herein prohibited, or
assists such corporation to do such prohibited acts, shall be
deemed guilty of a misdemeanor, and shall be punished by
a fine of not more than five hundred dollars.
Corporation SECTION 3. This act shall not prohibit a corporation
attornl^^etc. from employing an attorney or attorneys in and about its
Penalty.
General Acts, 1916. — Chap. 293. 309
own affairs or in any litigation to which it is or may be a
party.
Section 4. This act shall not apply to any public service Act not to
corporation nor to any corporation lawfully engaged in the cenmn cor-
business of conducting a mercantile or collection agency or potations, etc.
adjustment bureau, or lawfully engaged in the examination
and insuring of titles to real property, or lawfully engaged
in the business of insurance against liability for damages or
compensation on account of injury to persons or property,
or lawfully engaged in assisting attorneys-at-law to organize
corporations, or organized for and lawfully engaged in
benevolent or charitable purposes, or organized under the
authority of the commonwealth for the purpose of assisting
persons without means in the pursuit of any civil remedy,
nor shall it prohibit a newspaper from answering inquiries
through its columns or any corporation from providing legal
advice or assistance to its employees.
Approved June 1, 1916.
An Act to authorize the licensing by cities and Chav.2'^'^
TowTsrs of motor vehicles carrying passengers for
hire.
Be it enacted, etc., as folloivs:
Section 1. Cities and towns shall have authority to cities and
towns may
se motor
license and regulate the transportation of passengers for nda
hire as a business between fixed and regular termini by car^rylng
means of any motor vehicle, except the trackless trolley f^f/h^rr"
vehicle, so-called, not running on tracks or rails, and may
impose reasonable license fees, make regulations for the
operation of such vehicles within their own limits, and im-
pose suitable penalties for the violation of such regulations:
provided, however, that no such motor vehicle shall be operated Proviso,
as aforesaid until the licensee of the vehicle, in addition to
complying with all regulations of the city or town in which
the vehicle is to be operated, shall have deposited with the
treasurer of any city or town in which a license has been
taken out, security by bond or otherwise, approved by the
city or town treasurer, in such sum as the city or town
may reasonably require, conditioned to pay any final judg-
ment obtained against the principal named in the bond for
any injury to person or property, or damage for causing the
death of any person, by reason of any negligent or unlawful
310
General Acts, 1916. — Chap. 294.
May sue on
the bond.
Not more
than one bond
to be filed.
Time of
taking efifect.
act on the part of the principal named in said bond, his or
its agents, employees or drivers, in the use or operation of
any such vehicle. Any person so injured or damaged may
sue on the bond in the name of the city or town treasurer,
and damages so recovered shall go to the person injured or
damaged.
Section 2. Nothing in this act shall be construed as
requiring the licensee to file more than one bond, which shall
be filed in any city or toAvn in which a license has been taken
out.
Section 3. This act shall take full effect in cities upon
its acceptance by the city council, and in towns upon its
acceptance by the voters of the town at any duly called
town meeting. For the purpose of submitting this act to
cities and to towns, it shall take effect upon its passage.
Approved June 1, 1916.
Chap. 2^4: An Act relative to the verification of lists of tax-
able PROPERTY FILED WITH ASSESSORS OF TAXES.
Be it enacted, etc., as follows:
Section 1. Chapter four hundred and ninety of the
acts of the year nineteen hundred and nine, as amended in
section forty-three of Part I by chapter one hundred and
thirty of the General Acts of the year nineteen hundred
and sixteen, is hereby further amended by striking out said
section forty-three and inserting in place thereof the follow-
ing : — Section 43. The assessors shall in all cases require
a person, firm or corporation bringing in a list to make oath
that it is true. The oath may be administered by any of the
assessors or by their secretary or head clerk, or by any
notary public, whose jurat shall be duly authenticated by
his seal, or, in this commonwealth, by a justice of the peace.
Section 2. So much of this act as relates to the ad-
ministering of the oath shall not apply to the city of Boston;
but in that city the oath shall be administered by one of the
assessors or by their secretary or head clerk; unless the
person, firm or corporation bringing in a list is absent from
the city during the whole period when the oath may be
made, in which case the oath may be administered by a
notary public, whose jurat shall be duly authenticated by
his seal, or, if made within the commonwealth, by a justice
of tlie peace. Approved, June 1, 1916.
1909, 490, Part
I, § 43, etc.,
amended.
Verification
of lists of
taxable
property filed
with assessors
of taxes.
Certain
provisions not
to apply to
Boston.
General Acts, 1916. — Chaps. 295, 296. 311
An Act relative to the apportionment of the cost of Chap.295
THE MAINTENANCE OF WELLINGTON BRIDGE 0"fER MYSTIC
RIVER BETWEEN THE CITIES OF SOMERVILLE AND MED-
FORD.
Be it enacted, etc., as follows:
Section 1. Beginning with the first day of June, nine- Apportion-
teen hundred and fifteen, the cost of maintenance of Welling- maintonance
ton bridge, constructed under authority of chapter four bridge ^Jr""
hundred and ninety-one of the acts of the year nineteen bitl^en"'''^
hundred and one, a portion of which was rebuilt under ^nd Medlord.
authority of chapter seven hundred and ninety-four of the
acts of the year nineteen hundred and fourteen, as amended
by chapter two hundred and seventy-six of the General
Acts of the year nineteen hundred and fifteen, shall be paid
as follows: — eighteen and eight thousand two hundred and
thirty-five ten thousandths per cent by the city of Medford;
fifteen and two thousand nine hundred and forty-one ten
thousandths per cent by the city of Maiden; twelve and nine
thousand four hundred and twelve ten thousandths per
cent by the city of Somerville; two and nine thousand four
hundred and twelve ten thousandths per cent by the town
of Stoneham; and fifty per cent in the same manner as ex-
penditures made from appropriations authorized to carry
out the provisions of chapter two hundred and eighty-eight
of the acts of the year eighteen hundred and ninety-four and
acts in amendment thereof and in addition thereto.
Section 2. This act shall take effect upon its passage.
Approved June 1, 1916.
An Act to abolish the commission on economy and QJiQ/n 296
EFFICIENCY AND THE STATE BOARD OF PUBLICATION AND
TO ESTABLISH THE OFFICE OF SUPERVISOR OF ADMINISTRA-
TION.
Be it enacted, etc., as folloivs:
Section 1. The commission on economy and efficiency commission
established under the provisions of chapter seven hundred and"effici^/cy,
and nineteen of the acts of the j-ear nineteen hundred and bofrd'of"*''''^
twelve, as amended by chapter six hundred and ninety- i'boul'hed"*
eight of the acts of the year nineteen hundred and fourteen,
and the state board of publication established under the
provisions of chapter four hundred and thirty-eight of the
312
General Acts, 1916. — Chap. 296.
Employees.
Supervisor of
Administra-
tion, office
established.
Deputies.
Secretary,
experts,
clerks, etc.,
appointment,
salaries, etc.
acts of the year nineteen hundred and two, as affected by
chapter sixty-seven of the acts of the year nineteen hundred
and nine, are hereby abohshed. All the rights, powers,
duties and obligations conferred and imposed by law on
said commission or on any member thereof and on said
board, except as is otherwise hereinafter provided, are
hereby transferred to and shall hereafter be exercised and
performed by the supervisor established by this act, who
shall be the lawful successor of said commission and said
board. Immediately upon the appointment and qualification
of said officer all books, papers, maps, plans, charts, records
and all other documents or equipment in the possession of
said commission and said board shall be delivered to him.
All the employees of said commission shall, as temporary
appointees, continue to perform their usual duties upon the
same terms as heretofore until removed by said officer.
Section 2. The governor, with the advice and consent
of the council, shall appoint an officer to be known as the
Supervisor of Administration to serve for the term of three
years, who shall devote his whole time to the work of his
office and shall receive an annual salary of five thousand
dollars. The supervisor may be removed for cause by the
governor with the advice and consent of the council. Any
vacancy in said office shall be filled by the governor with
the advice and consent of the council for the remainder of
the unexpired term. The supervisor shall be furnished with
suitable quarters in the state house at the expense of the
commonwealth, and, with the consent of the governor and
council, may appoint a deputy or deputies and determine
their salary and duties except as is otherwise hereinafter
provided. Any deputy may be removed for cause by the
supervisor with the consent of the governor and council.
The supervisor may also appoint a secretary and such
experts, clerks and other assistants, and may pay them such
salaries and may incur such other expenses, including
travelling expenses, not exceeding such sums as may be
appropriated therefor by the general court, as he may deem
necessary and proper, subject, however, to the approval of
the committee on finance of the council or of the governor
and council where such approval is required by law. All
appointments, other than of deputies as aforesaid, shall be
made in accordance with the rules and regulations of the
civil service commission, and employees so appointed shall
be removed only in accordance with the said rules and regu-
General Acts, 1916. — Chap. 296. 313
latlons, but any of the present employees of the commission
on economy and efficiency shall be eligible to appointment
under this section without further examination.
Section 3. The committee on finance of the council shall Finance
committee of
act as a board of advisers of the supervisor and shall hear executive
, „ , 1 • • p • I rr* • 1 1 • ^1 • council to act
appeals from the decisions or said omcer as provided in this as board of
act. The supervisor may, with the approval of the said
committee, designate a deputy to act as investigator of ,^vestVgitor
purchases who shall, under the direction of the supervisor of^purchases,
investigate the method of purchasing all stores, supplies
and materials used by the commonwealth or by any officer,
board, bureau, commission, institution or department main-
tained or employed by the commonwealth. Such deputy
shall report the results of his investigation Avith his recom-
mendations to the supervisor who may, after a hearing
before the governor and council given to the officials con-
cerned, and with the approval of the governor and council,
order changes made in the methods used in, and make
rules and regulations, not inconsistent with law, govern- Rules and
ing the purchase of stores, supplies and materials in any or "'suiationa.
all of the offices, boards, bureaus, commissions, institutions
and departments of the commonwealth. Copies of orders
or rules and regulations so made shall be transmitted to the
officials concerned. Any appointed official who fails to
comply with an order, rule or regulation duly made under
authority hereof may be removed by the governor with the
advice and consent of the council.
Section 4. So much of the powers and duties conferred ofthe'audit'or
and imposed on the auditor of the commonwealth by section of the com-
four of chapter five hundred and ninety-seven of the acts of transferred to
the year nineteen hundred and eight as relates to inquiry ^"p®'"^*^'"-
into the methods of purchasing and handling stores, supplies
and materials is hereby transferred to the supervisor to be
exercised and performed by him in accordance with the
provisions of this act.
Section 5. Appeal from a decision of the supervisor Appeal,
under chapter four hundred and thirty-eight of the acts of
the year nineteen hundred and two may be taken to the
committee on finance of the council, whose decision shall be
final.
Section 6. The duties imposed upon the governor and Certain duties
• 11 1 . 1 11 1. 'ipi imposed upon
council by chapter two hundred and sixty-eight or the acts governor and
of the year nineteen hundred and ten, as amended by chapter transferred to
forty-three of the acts of the year nineteen hundred and ^"p®''^'^*""-
314
General Acts, 1916. — Chap. 297.
To report on
estimates for
appropriations
of depart-
ments, etc.
Authorization
of gov'ernor,
etc., for certain
investigations
to be first
obtained.
Repeals.
Time of
taking effect.
eleven, and by chapter five hundred and thirty-four of the
acts of the year nineteen hundred and thirteen, are hereby
transferred to and shall be exercised and performed by the
supervisor.
Section 7. On request of either branch of the general
court or of the ways and means committee of either branch,
or of the governor, or of the council, or of the committee on
finance of the council, the supervisor shall make a report on
such of the estimates of the officers, heads of departments,
boards, commissions, and trustees of institutions classified
by the auditor under sections three and four of chapter seven
hundred and nineteen of the acts of the year nineteen hun-
dred and twelve, as may be required, together with such
facts, suggestions or recommendations as to any or all of
the appropriations requested, or the method of raising
mone.y for the same, as he may deem expedient.
Section 8. Unless authorized as provided by section six
of chapter seven hundred and nineteen of the acts of the
year nineteen hundred and twelve, the supervisor shall not
exercise the powers conferred by section nine of said chapter
without first obtaining the approval of the governor or of
the committee on finance of the council, except that in
making any examination he may require the production of
books, papers, contracts and documents relating to any
matter within the scope of the investigation.
Section 9. Sections one and six of chapter four hundred
and thirty-eight of the acts of the year nineteen hundred and
two, sections two and five of chapter seven hundred and
nineteen of the acts of the year nineteen hundred and twelve,
and chapter six hundred and ninety-eight, of the acts of the
year nineteen hundred and fourteen, are hereby repealed.
Section 10. So much of this act as provides for the
appointment of the supervisor shall take effect upon its
passage. All other provisions hereof shall take effect upon
the qualification of the said officer but not earlier than
July first in the year nineteen hundred and sixteen.
Approved June 1, 1916.
Chap. 297 An Act to extend the jurisdiction and functions of
THE CIVIL SERVICE COMMISSION.
Be it enacted, etc., a.? folloivs:
Section 1. Section one of chapter nineteen of the
R. L. 19, § 1,
etc., amended.
Revised Laws, as amended by section one of chapter one
General Acts, 1916. — Chap. 297. 315
hundred and fifty-nine of the acts of the year nineteen hun-
dred and six, by section one of chapter three hundred and
forty-four of the acts of the year nineteen hundred and
seven, and by section one of chapter six hundred and eight
of the acts of the year nineteen hundred and ten, is hereby
further amended by adding at the end thereof the follow-
ing: — ^At least one commissioner shall be present during
office hours, except when all the commissioners are engaged
elsewhere on business of the commission, — so as to read as
follows : — Section 1 . The governor shall annually, in May Civii service
or June, with the advice and consent of the council, appoint appointment,
a civil service commissioner for a term of three years from ^^ ''"^*'
the first INIonday of July following. All appointments shall
be so made that not more than two commissioners shall at
the time of any appointment be members of the same political
party. The chairman of the commission shall at all times
be such one of the three commissioners as the governor
shall designate. The chairman of the commission shall
receive an annual salary of twenty-five hundred dollars and
each of the other commissioners an annual salary of two
thousand dollars, together with the travelling expenses
incurred in the performance of their official duties. The
commissioners shall devote so much of their time to the
work of the commission and shall establish and maintain
such office hours as shall be approved by the governor and
council. At least one commissioner shall be present during
office hours, except when all the commissioners are engaged
elsewhere on business of the commission.
Section 2. The commissioners shall, upon the passage to reorganize
of this act, effect such reorganization of their department as mlntfX^*^"
may be required to perform the duties prescribed by this
act, and may remove in their discretion any officers or em-
ployees then in the service of the commission, and may
appoint, subject to the provisions of chapter nineteen of the
Revised Laws and all acts in amendment thereof or in
addition thereto, such ofiicers and employees as may be
necessary to the performance of their duties, and may incur
other expenses not- exceeding such sums as may be appro-
priated by the general court.
Section 3. The commissioners may, from time to time, Mayinvesti-
investigate in whole or in part the classified civil service, ffa^sifild civil
and the work, duties and compensation of the officers and efficiency^, ^c.
employees therein, and the number employed, and the
grades, titles, ratings and methods of promotion that have
316
General Acts, 1916. — Chap. 298.
Civil service
rules to be
revised.
Certain persons
disqualilied
from holding
office of
representative
of the corn-
Exemption of
policemen and
firemen.
been established, and may report thereon. The commis-
sioners may, at any time, and shall, upon the request of any
appointing power in respect to such officers or employees by
it appointed, inquire into the efficiency and conduct of any
officers or employees in the classified civil service, and may
recommend to the appointing power the removal of any
such ofiicers or employees, or make such other recommenda-
tions as shall seem fitting in the premises.
Section 4. The commission shall forthwith prepare and
submit to the governor and council for approval a revision
of the civil service rules, and the rules so revised, when
approved by the governor and council, shall supersede all
rules then existing.
Section 5. Persons holding offices or positions to which
they have been elected by the people, or by the aldermen or
city council of a city, or by the selectmen of a town, shall
not at the same time be eligible to the office of representative
of the civil service commission.
Section 6. Nothing contained in section three of this
act shall apply to policemen or firemen.
Approved June 1, 1916.
Chap. 298 An Act to apportion and assess a state tax of eight
million dollars.
Be it enacted, etc., as follows:
state tax Section 1. Eacli city and town in this commonwealth
and assessed, shall bc asscsscd aud pay the sum with which it stands
charged in the following schedule, that is to say: —
Abington, seventy-six hundred dollars, .
Acton, forty-four hundred dollars, ....
Acushnet, twenty-four hundred and eighty dollars,
Adams, fourteen thousand three hundred and twenty
dollars, _ . . .
Agawam, fifty-seven hundred and sixty dollars, .
Alford, four hundred dollars,
Amesbury, twelve thousand and eighty dollars, .
Amherst, twelve thousand and eighty dollars,
Andover, sixteen thousand five hundred and sixty
dollars, •
Arlington, twenty-nine thousand six hundred and
eighty dollars,
Ashburnham, twenty-six hundred and forty dollars,
Ashby, eighteen hundred and forty dollars, .
Ashfield, sixteen hundred dollars, ....
Ashland, twenty-five hundred and sixty dollars, .
$7,600 00
4,400 00
2,480 00
14,320 GO
5,760 00
400 00
12,080 00
12,080 00
16,560 00
29,680 00
2,640 00
1,840 00
1,600 00
2,560 00
General Acts, 1916. — Chap. 298.
317
Athol, eleven thousand nine hundred and twenty dol-
lars,
Attleboro, tliirty-five thousand five hundred and
twenty dollars,
Auburn, thirty-three hundred and sixty dollars, .
Avon, two thousand and eighty dollars,
Ayer, four thousand and eighty dollars,
Barnstable, fourteen thousand two hundred and forty
dollars,
Barre, forty-nine hundred and sixty dollars,
Becket, fourteen hundred and forty dollars,
Bedford, thirty-five hundred and twenty dollars,
Belchertown, nineteen hundred and twenty dollars,
Bellinghani, two thousand dollars, ....
Belmont, twenty thousand and eighty dollars,
Berkley, eleven hundred and twenty dollars,
Berlin, twelve hundred and eighty dollars, .
Bernardston, ten hundred and forty dollars,
Beverl}^, seventy-four thousand seven hundred and
twenty dollars,
Billerica, eightj^-seven hundred and twenty dollars,
Blackstone, forty-six hundred and forty dollars, .
Blandford, twelve hundred dollars,
Bolton, twelve hundred and eighty dollars, .
Boston, two million five hundred forty-eight thousand
two hundred and forty dollars,
Bourne, eleven thousand two hundred dollars,
Boxborough, four hundred and eighty dollars,
Boxford, twenty-three hundred and twenty dollars,
Boylston, eleven hundred and twenty dollars,
Braintree, fifteen thousand eight hundred and forty
dollars,
Brewster, twenty-two hundred and forty dollars,
Bridgewater, eight thousand and eighty dollars, .
Brimfield, thirteen hundred and sixty dollars,
Brockton, ninety-eight thousand two hundred and
forty dollars,
Brookfield, twenty-seven hundred and twenty dollars,
Brookline, two hundred forty-two thousand four hun-
dred dollars,
Buckland, thirty-two hundred dollars, .
Burlington, sixteen hundred dollars,
Cambridge, two hundred sixteen thousand nine hun
dred and sixty dollars,
Canton, twelve thousand dollars, ....
Carlisle, twelve hundred dollars, ....
Carver, thirty-three hundred and sixty dollars, .
Charlemont, eleven hundred and twenty dollars,
Charlton, twenty-seven hundred and twenty dollars,
Chatham, tliirty-two hundred and eighty dollars,
Chelmsford, eight thousand and eighty dollars, .
Chelsea, fifty-two thousand four hundred dollars,
Cheshire, eighteen hundred and forty dollars.
State tax
<it 1 1 non OO apportioned
<lfll,yZU UU and assessed.
35,520 00
3,360 00
2,080 00
4,080 00
14,240 00
4,960 00
1,440 00
3,520 00
1,920 00
2,000 00
20,080 00
1,120 00
1,280 00
1,040 00
74,720 00
8,720 00
4,640 00
1,200 00
1,280 00
2,548,240 00
11,200 00
480 00
2,320 00
1,120 00
15,840 00
2,240 00
8,080 00
1,360 00
98,240 00
2,720 00
242,400 00
3,200 00
1,600 00
216,960 00
12,000 00
1,200 00
3,360 00
1,120 00
2,720 00
3,280 00
8,080 00
52,400 00
1,840 00
318
General Acts, 1916. — Chap. 298.
State tax
apportioned
and assessed.
Chester, sixteen hundred and eighty dollars,
Chesterfield, seven hundred and twenty dollars, .
Chicopee, thirty-eight thousand two hundred and forty
dollars,
Chilmark, six hundred and forty dollars,
Clarksburg, seven hundred and twenty dollars, .
Clinton, sixteen thousand and eighty dollars,
Cohasset, fifteen thousand seven hundred and sixty
dollars,
Colrain, eighteen hundred and forty dollars,
Concord, fifteen thousand six hundred dollars, .
Conway, fifteen hundred and twenty dollars,
Cummington, seven hundred and twenty dollars,
Dalton, ten thousand nine hundred and sixty dollars,
Dana, eight hundred and eighty dollars,
Danvers, fifteen thousand and forty dollars,
Dartmouth, ten thousand two hundred and forty dol
lars,
Dedham, twenty-five thousand five hundred and
twenty dollars,
Deerfield, forty-four hundred dollars, .
Dennis, twenty-seven hundred and twenty dollars,
Dighton, thirty-two hundred dollars,
Douglas, twenty-nine hundred and sixty dollars,
Dover, twelve thousand nine hundred and sixty dollars
Dracut, forty-four hundred and eighty dollars, .
Dudley, forty-four hundred and eighty dollars, .
Dunstable, nine hundred and sixty dollars, .
Duxbury, sixty-three hundred and twenty dollars.
East Bridgewater, fifty-three hundred and sixty dol
lars,
East Longmeadow, twenty-four hundred and eighty
dollars,
Eastham, eight hundred and eighty dollars,
Easthampton, thirteen thousand nine hundred and
twenty dollars,
Easton, sixteen thousand nine hundred and sixty dol-
lars,
Edgartown, twenty-four hundred dollars,
Egremont, ten hundred and forty dollars, *.
Enfield, fourteen hundred and forty dollars,
Erving, twenty-four hundred and eighty dollars,
Essex, twenty-four hundred dollars,
Everett, fifty-four thousand five hundred and sixty
dollars,
Fairhaven, eight thousand dollars, ....
Fall River, one hundred eighty thousand nine hundred
and sixty dollars,
Falmouth, twenty-four thousand seven hundred and
twenty dollars,
Fitchburg, seventy thousand and eighty dollars,
Florida, eight hundred and eighty dollars, .
Foxborough, forty-nine hundred and si.xty dollars,
$1,680 00
720 00
38,240 00
640 00
720 00
16,080 00
15,760 00
1,840 00
15,600 00
1,520 00
720 00
10,960 00
880 00
15,040 00
10,240 00
25,520 00
4,400 00
2,720 00
3,200 00
2,960 00
12,960 00
4,480 00
4,480 00
960 00
6,320 00
5,360 00
2,480 00
880 00
13,920 00
16,960 00
2,400 00
1,040 00
1,440 00
2,480 00
2,400 00
54,560 00
8,000 00
180,960 00
24,720 00
70,080 00
880 00
4,960 00
General Acts, 1916. — Chap. 298.
319
and
and
Framingham, twcntA'-nine thousand six hundred dol-
lars,
Franlchn, eighty-nine hundred and sixty dollars,
Freetown, twenty-two hundi-ed and forty dollars,
Gardner, twentj'-two tholisand two hundred and forty
dollars,
Gay Head, cig;hty dollars, ...
Georgetown, twenty-four hundred dollars,
Gill, nine hundred and sixty dollars,
Gloucester, forty-three thousand five hundred
twenty dollars,
Goshen, four hundred dollars,
Gosnold, twelve hundred dollars, .
Grafton, sixty-eight hundred and eighty dollars,
Granb}'-, thirteen hundred and sixty dollars,
Granville, eleven hundred and twenty dollars,
Great Barrington, twelve thousand two hundred and
forty dollars,
Greenfield, twent3''-four thousand two hundred
forty dollars,
Greenwich, five hundred and sixty dollars, .
Groton, seventy-eight hundred and forty dollars,
Groveland, twenty-four hundred and eighty dollars,
Hadley, thirty-eight hundred and forty dollars,
Halifax, eleven hundred and twenty dollars,
Hamilton, ten thousand four hundred dollars,
Hampden, eight hundred and eighty dollars,
Hancock, eight hundred dollars,
Hanover, forty-two hundred and forty dollars,
Hanson, three thousand and forty dollars, .
Hardwick, eighty-nine hundred and sixty dollars.
Harvard, thirty-five hundred and twenty dollars,
Harwich, thirty-one hundi^d and twenty dollars,
Hatfield, thirty-six hundred dollars,
Haverhill, seventy-six thousand four hundred
eighty dollars,
Hawley, four hundred and eighty dollars.
Heath, five hundred and sixty dollars, .
Hingham, fourteen thousand one hundred and
dollars,
Hinsdale, fifteen hundred and twenty dollars,
Holbrook, thirtj^-four hundred and forty dollars,
Holden, thirty-six hundred dollars,
Holland, two limidred and forty dollars,
HoUiston, thirty-six hundred and eighty dollars,
Holyoke, one hundred eleven thousand and forty dol
lars,
Hopedale, seventeen thousand two hundred and eighty
dollars,
Hopkinton, thirty-three hundred and sixty dollars,
Hubbardston, fourteen hundred and forty dollars,
Hudson, eighty-four hundred and eighty dollars,
Hull, tliirteen thousand six hundred dollars,
and
sixty
State tax
$29,600 00 ^Krsed.
8,960 00
2,240 00
22,240 00
80 00
2,400 00
960 00
43,520 00
400 00
1,200 00
6,880 00
1,360 00
1,120 00
12,240 00
24,240 00
560 00
7,840 00
2,480 00
3,840 00
1,120 00
10,400 00
880 00
800 00
4,240 00
3,040 00
8,960 00
3,520 00
3,120 00
3,600 00
76,480 00
480 00
560 00
14,160 00
1,520 00
3,440 00
3,600 00
240 00
3,680 00
111,040 00
17,280 00
3,360 00
1,440 00
8,480 00
13,600 00
320
General Acts, 1916. — Chap. 298.
State tax
apportioned
and assessed.
Huntington, sixteen hundred dollars,
Ipswich, ninetj^-two hundred and eighty dollars,
Kingston, thirty-two hundred dollars, .
Lakeville, twenty-four hundred dollars, .
Lancaster, eighteen thousand seven hundred and
twenty dollars,
Lanesborough, fourteen hundred and forty dollars,
Lawrence, one hundred thirty-four thousand five hun-
dred and sixty dollars,
Lee, sixty-two hundred and forty dollars,
Leicester, forty-six hundred and forty dollars,
Lenox, fifteen thousand one hundred and twenty dol-
lars,
Leominster, twenty-four thousand three hundred and
twenty dollars,
Leverett, eight hundred dollars, ....
Lexington, sixteen thousand four hundred dollars,
Leyden, four hundred and eighty dollars,
Lincoln, seventy-eight hundred and forty dollars,
Littleton, twenty-one hundred and sixty dollars,
Longnieadow, fifty-six hundred dollars,
Lowell, one hundred fifty-one thousand nine hundred
and twenty dollars,
Ludlow, eighty-nine hundred and sixty dollars, .
Lunenburg, twenty-eight hundred dollars, .
Lyrm, one hundred fifty-five thousand five himdred and
twenty dollars,
Lynnfield, twentj^-two hundred and forty dollars.
Maiden, seventy-four thousand four hundred dollars,
Manchester, thirty-one thousand seven hundred and
sixty dollars,
Mansfield, eighty-eight hundred dollars,
Marblehead, seventeen thousand six hundred and
eighty dollars,
Marion, eleven thousand and forty dollars, .
Marborough, nineteen thousand nine hundred and
twenty dollars,
Marshfield, forty-three hundred and twenty dollars,
Mashpee, five hundred and sixty dollars,
Mattapoisett, forty-three hundred and twenty dollars
Maynard, seventy-five hundred and twenty dollais,
Medfield, four thousand dollars, ....
Medford, fifty-one thousand three hundred and sixty
dollars,
Medway, thirty-two hundred and eighty dollars,
Melrose, thirty-two thousand dollars, .
Mendon, thirteen hundred and sixty dollars,
Merrimac, twenty-five hundred and sixty dollars,
Methuen, seventeen thousand and forty dollars,
Middleborough, ninety-nine hundred and twenty dol
lars,
Middlefield, four hundred dollars, ....
Middleton, sixteen hundred and eighty dollars, .
SI, 600 00
9,280 00
3,200 00
2,400 00
18,720 00
1,440 00
134,560 00
6,240 00
4,640 00
15,120 00
24,320 00
800 00
16,400 00
480 00
7,840 00
2,160 00
5,600 00
151,920 00
8,960 00
2,800 00
155,520 00
2,240 00
74,400 00
31,760 00
8,800 00
17,680 00
11,040 00
19,920 00
4,320 00
560 00
4,320 00
7,520 00
4,000 00
51,360 00
3,280 00
32,000 00
1,360 00
2,560 00
17,040 00
9,920 00
400 00
1,680 00
General Acts, 1916. — Chap. 298. 321
Milford, seventeen thousand seven hundred and sixty state tax
dollars, . . . . _ $17,760 00 ^PHsessed.
Millbury, sixty-one hundred and sixty dollars, . 6,160 00
Millis, twenty-six hundred and forty dollars, . . 2,640 00
Milton, fifty-two thousand six hundred and forty dol-
lars, 52,640 00
Monroe, six hundred and forty dollars, . . . 640 00
Monson, forty-six hundred and forty dollars, . 4,640 00
Montague, ten thousand seven hundred and twenty
dollars, 10,720 00
Monterey, seven hundred and twenty dollars, . . 720 00
Montgomery, three hundred and twenty dollars, . 320 00
Mount Washington, two hundred and forty dollars, . 240 00
Nahant, fifteen thousand six hundred dollars, . . 15,600 00
Nantucket, seventy-two hundred and eighty dollars, . 7,280 00
Natick, fifteen thousand nine hundred and twenty dol-
lars, .......... 15,920 00
Needham, fourteen thousand eight hundred and eighty
dollars, 14,880 00
New Ashford, one hundred and sixty dollars, . . 160 00
New Bedford, one hundred eighty-six thousand four
hundred and eighty dollars, 186,480 00
New Braintree, eight hundred dollars, .... 800 00
New Marlborough, sixteen hundred dollars, . . 1,600 00
New Salem, seven hundred and twenty dollars, . . 720 00
Newbury, thirty-seven hundred and sixty dollars, . 3,760 00
Newburyport, twenty-one thousand four hundred and
forty dollars, 21,440 00
Newton, one hundred forty thousand and eighty dol-
lars, 140,080 00
Norfolk, two thousand dollars, 2,000 00
North Adams, twenty-eight thousand three hundred
and twenty dollars, . . . ' . . . . 28,320 00
North Andover, ten thousand eight hundred and eighty
dollars, 10,880 00
North Attleborough, sixteen thousand three hundred
and twenty dollars, 16,320 00
North Brookfield, thirty-nine hundred and twenty
dollars, 3,920 00
North Readmg, seventeen himdred and sixty dollars, . 1,760 00
Northampton, thirty-two thousand six hundred and
forty dollars, 32,640 00
Northborough, thirty-two himdred and eighty dollars, 3,280 00
Northbridge, thirteen thousand two hundred and
eighty dollars, 13,280 00
Northfield, twenty-eight hundred dollars, . . . 2,800 00
Norton, thirty-one hundred and twenty dollars, . . 3, 120 00
Norwell, twenty-four hundred and eighty dollars, . 2,480 00
Norwood, twenty-seven thousand six hundred dollars, 27,600 00
Oak BlufTs, three thousand and forty dollars, . . 3,040 00
Oakham, seven hundred and twenty dollars, . . 720 00
Orange, eighty-one hundred and sixty dollars, . . 8,160 00
Orleans, twelve thousand nine hundred and sixty dollars, 12,960 00
322
General Acts, 1916. — Chap. 298.
State tax
apportioned
and assessed.
Otis, five hundred and sixty dollars,
Oxford, forty-five hundred and sixty dollars.
Palmer, ten thousand four hundred dollars, .
Paxton, eight hundred dollars, ....
Peabody, twenty-seven thousand one hundred and
twenty dollars,
Pelham, eight hundred dollars, ....
Pembroke, twenty-one hundred and sixty dollars,
PeiDperell, forty-three hundred and twenty dollars,
Peru, three hundred and twenty dollars,
Petersham, nineteen hundred and twenty dollars,
Phillipston, six hundred and forty dollars, .
Pittsfield, sixty-nine thousand two hmidred and eighty
dollars,
Plainfield, four hundred dollars, ....
Plain\alle, eighteen hundred and forty dollars, .
Pljonouth, twenty-four thousand and eighty dollars,
Plympton, eight hundred and eighty dollars,
Prescott, four hundred and eighty dollars, .
Princeton, twenty-four hundred dollars,
Provincetown, forty-four hundred dollars, .
Quincy, seventy-one thousand and forty dollars,
Randolph, fifty-eight hundred and forty dollars,
Raynham, two thousand dollars, ....
Reading, thirteen thousand three hundred and sixty
dollars,
Rehoboth, two thousand and eighty dollars.
Revere, thirty-seven thousand two hundred and eighty
dollars,
Richmond, twelve hundred and eighty dollars, .
Rochester, seventeen hundred and sixty dollars, .
Rocldand, ten thousand and eighty dollars, .
Rockport, sixty-eight hundred dollars, .
Rowe, five hundred and sixty dollars, .
Rowley, thirty-six hundred and eighty dollars, .
Royalston, thirteen hundred and sixty dollars, .
Russell, thirty-five hundred and twenty dollars, .
Rutland, sixteen hundred and eighty dollars,
Salem, seventy thousand dollars, ....
Salisbury, twenty-eight hundred and eighty dollars,
Sandisfield, eight hundred dollars, .
Sandwich, twenty-five hundred and sixty dollars,
Saugus, twelve thousand and eighty dollars.
Savoy, four hundred and eighty dollars,
Scituate, ninety-two hundred and eighty dollars,
Seekonk, thirty-four hundred and forty dollars, .
Sharon, six thousand and eighty dollars,
Sheffield, twenty-five hundred and sixty dollars, .
Shelburne, thirty-two hundred dollars,, .
Sherborn, forty-two hundred and forty dollars, .
Shirley, tv/enty-six himdred and forty dollars,
Shrewsbur}^, fifty-one hundred and twenty dollars,
Shutesbury, six hundred and forty dollars, .
$560 00
4,560 00
10,400 00
800 00
27,120 00
800 00
2,160 00
4,320 00
320 00
1,920 00
640 00
69,280 00
400 00
1,840 00
24,080 00
880 00
480 00
2,400 00
4,400 00
71,040 00
5,840 00
2,000 00
13,360 00
2,080 00
37,280 00
1,280 00
1,760 00
10,080 00
6,800 00
560 00
3,680 00
1,360 00
3,520 00
1,680 00
70,000 00
2,880 00
800 00
2,560 00
12,080 00
480 00
9,280 00
3,440 00
6,080 00
2,560 00
3,200 00
4,240 00
2,640 00
5,120 00
640 00
General Acts, 1916. — Chap. 298.
323
Somerset, thirty-four hundred and forty dollars,
Somerville, one hundred twenty-seven thousand three
hundred and sixty dollars, ....
South Hadley, sixty-five hundi'ed and sixty dollars,
Southampton, eleven hundred and twenty dollars,
Southborough, fifty-three hundred and sixty dollars,
Southbridge, fifteen thousand one hundred and twenty
dollars,
Southwick, sixteen hundred and eighty dollars, .
Spencer, seventy-two hundred and eighty dollars,
Springfield, two hundred ninety-six thousand two hun
dred and forty dollars,
Sterling, twenty-four hundred and eight}' dollars,
Stockbridge, eightj^-eight hundred dollars, .
Stoneham, ten thousand three hundred and twenty
dollars,
Stoughton, eight thousand dollars.
Stow, twenty-two hunch-ed and forty dollars,
Sturbridge, seventeen hundred and sixty dollars,
Sudbury, twenty-five hundred and sixtj' dollars,
Sunderland, fifteen himdred and twenty dollars,
Sutton, twenty-seven hundred and twenty dollars,
Swampscott, twenty-five thousand nine hundred and
twenty dollars,
Swansea, thirty-five hundred and twenty dollars,
Taunton, fifty thousand two hundred and forty dollars
Templeton, four thousand dollars, ....
Tewksbury, thirty-two hundred dollars,
TislDuiy, thirty-three hundred and sixty dollars, .
Tolland, four hundred and eighty dollars,
Topsfield, sixtj^-nine hundred and sixty dollars, .
Townsend, twenty-five hundi'ed and sixty dollars,
Truro, eight hundred and eighty dollars,
Tyngsborough, fourteen hundred and forty dollars,
Tyringham, seven hundred and twenty dollars, .
Upton, twenty-four hundred dollars,
Uxbridge, seventy-five hundred and twenty dollars,
Wakefield, twenty thousand seven hundred and twenty
dollars,
Wales, four hundred and eighty dollars,
Walpole, twelve thousand two hmidred and forty dol
lars,
Waltham, fifty-one thousand five hundred and twenty
dollars,
Ware, ten thousand six hundred and forty dollars,
Wareham, ten thousand nine hundred and sixty dol
lars,
Warren, forty-eight hundred and eighty dollars, .
Warwick, eight hundred dollars, ....
Wasliington, five hundred and sixty dollars,
Watertown, thirty-four thousand nine hundred and
sixty dollars,
Wayland, fifty-two hundred and eighty dollars, .
$3,440 00 state tax
' apportioned
and a.ssessed
127,360 00
6,560 00
1,120 00
5,360 00
15,120 00
1,680 00
7,280 00
296,240 00
2,480 00
8,800 00
10,320 00
8,000 00
2,240 00
1,760 00
2,560 00
1,520 00
2,720 00
25,920 00
3,520 00
50,240 00
4,000 00
3,200 00
3,360 00
480 00
6,960 00
2,560 00
880 00
1,440 00
720 00
2,400 00
7,520 00
20,720 00
480 00
12,240 00
51,520 00
10,640 00
10,960 00
4,880 00
800 00
560 00
34,960 00
5,280 00
324
General Acts, 1916. — Chap. 298.
State tax
apportioned
and assessed.
Webster, seventeen thousand four hundred and forty
dollars, . . . . , .
Wellesley, thirty thousand eight hundred dollars,
Wellfleet, fourteen hundred and forty dollars,
Wendell, eight hundred and eighty dollars, .
Wenham, fifty-six hundred and eighty dollars,
West Boylston, nineteen hundred and twenty dollars,
West Bridgewater, thirty-two hundred and eighty
dollars,
West Brookfield, nineteen hundred and twenty dollars,
West Newbury, two thousand and eighty dollars.
West Springfield, seventeen thousand six hundred and
eighty dollars,
West Stockbridge, twelve hundred dollars, .
West Tisbury, eleven hundred and twenty dollars,
Westborough, six thousand dollars, ....
Westfield, twenty-two thousand nine hinidred and
sixty dollars,
Westford, forty-seven hundred and twenty dollars, ,
Westham]:)ton, five hundred and sixty dollars,
Westminster, nineteen hundred and twenty dollars, .
Weston, fifteen thousand four hundred and forty dol-
lars,
Westport, forty-five hundred and sixty dollars, .
Westwood, sixty-nine hundred and sixty dollars,
Weymouth, twenty-one thousand seven hundred and
sixty dollars,
Whately, fourteen hundred and forty dollars.
Whitman, ten thousand and eighty dollars, .
Wilbraham, thirty-six hundred dollars, ....
Williamsburg, twenty-four hundred dollars,
Williamstown, ninety-one hundred and tv/enty dol-
lars,
Wilmington, thirty-six hundred dollars,
Winchendon, eight thousand dollars, ....
Winchester, twenty-nine thousand one hundred and
twenty dollars,
Windsor, six hundred and forty dollars,
Winthrop, twenty-six thousand two hundred and forty
dollars,
Woburn, twenty-five thousand and forty dollars,
Worcester, three hundred eight thousand nine hundred
and sixty .dollars,
Worthington, eight hundred dollars, . . . .
Wrentham, twenty-seven hundred and twenty dollars,
Yarmouth, forty-three hundred and twenty dollars, .
$17,440 00
30,800 00
1,440 00
880 00
5,680 00
1,920 00
3,280 00
1,920 00
2,080 00
17,680 00
1,200 00
1,120 00
6,000 00
22,960 00
4,720 00
560 00
1,920 00
15,440 00
4,560 00
6,960 00
21,760 00
1,440 00
10,080 00
3,600 00
2,400 00
9,120 00
3,600 00
8,000 00
29,120 00
640 00
26,240 00
25,040 00
308,960 00
800 00
2,720 00
4,320 00
Treasurer
to iaaue
warrant.
Section 2. The treasurer of the commonwealth shall
forthwith send liis warrant, according to the provisions of
section thirty-four of Part I of chapter four hundred and
ninety of the acts of the year nineteen hundred and nine,
to tlie selectmen or assessors of eacli city and town taxed as
aforesaid, requiruig them respectively to assess the sum so
cities and
towns.
General Acts, 1916. — Chap. 299. 325
charged, and to add the amount of such tax to the amount
of city, town and county taxes to be assessed by them re-
spectively on each city and town.
Section 3. The treasurer of the commonwealth in his Payment of
warrant shall require the said selectmen or assessors to
pay, or issue severally their warrant or warrants requiring
the treasurers of their several cities and towns to pay to the
treasurer of the commonwealth, on or before the fifteenth
day of November in the year nineteen hundred and sixteen,
the sums set against said cities and towns in the schedule
aforesaid; and the selectmen or assessors, respectively,
shall return a certificate of the names of the treasurers of
their several cities and towns, with the sum which each
may be required to collect, to the treasurer of the common-
wealth at some time before the first day of September in
the year nineteen hundred and sixteen.
Section 4. If the amount due from any city or town, Notice to
as provided in this act, is not paid to the treasurer of the deltnque^nt"
commonwealth within the time specified, then the said
treasurer shall notify the treasurer of such delinquent city
or town, who shall pay mto the treasury of the common-
wealth, m addition to the tax, such further sum as would be
equal to one per cent per month during the delinquency
from and after the fifteenth day of November in the year
nineteen hundred and sixteen; and if the same remains
unpaid after the first day of December in the j'ear nineteen
hundred and sixteen an information may be filed by the
treasurer of the commonwealth in the supreme judicial
court, or before any justice thereof, agamst such delinquent
city or town; and upon notice to such city or town, and a
summary hearing thereon, a warrant of distress may issue
against such city or town to enforce the pa;yinent of said
taxes under such penalties as said court or the justice thereof
before whom the hearing is had shall order.
Section 5. This act shall take eft'ect upon its passage.
Approved June 1, 1916.
An Act relative to the distribution of certain cor- Qjidj) 299
PORATION T,^XES AND TO THE REIMBURSEMENT OF CITIES
AND TOWNS FOR TAXES LOST BY SOLDIERS' EXEMPTIONS.
Be it enacted, etc., as follows:
Section 1. In the year nineteen hundred and sixteen Distribution of
and thereafter the corporate franchise tax paid by railroad tiWiTxw.'^^'^*"
326
General Acts, 1916. — Chap. 299.
Distribution
of taxes of
ligliting and
water com-
panies, etc.
companies and by telephone and telegraph companies under
the provisions of Part III of chapter four hundred and ninety
of the acts of the year nineteen hundred and nine, and acts
in amendment thereof and in addition thereto, shall be
distributed, credited and paid to the cities and towns of the
commonwealth or shall be retained by the commonwealth
in the manner following : — Such part of said tax paid by
each of said corporations as is paid on account of shares of
stock of said corporations owned by non-residents of Mas-
sachusetts shall be retained by the commonwealth. The
remainder of said tax shall be distributed, credited and paid
to the several cities and towns in proportion to the total
assessed value of property actually taxed in each city and
town for the preceding year.
Section 2. In the year nineteen hundred and sixteen
and thereafter the corporate franchise tax paid by gas,
electric light, gas and electric light and water companies,
under the provisions of Part III of said chapter four hundred
and ninety shall be distributed, credited and paid to cities
and towns of the commonwealth or shall be retained by the
commonwealth in the manner following : — Such part of
said tax paid by each of said corporations as is paid on ac-
count of shares of stock of said corporations owned by non-
residents of Massachusetts shall be retained by the com-
monwealth. The remainder of said tax paid by each of said
corporations shall be distributed, credited and paid to the
city or town of the commonwealth where the business of the
corporation is carried on; and if any such corporation carries
on its business in more than one city or town of the common-
wealth, this part of the tax paid by it shall be distributed,
credited and paid to such cities and towns in proportion to
the value of the works, structures, real estate, machinery,
poles, underground conduits, wires and pipes of the cor-
poration in each of such cities or towns on the first day of
April, as determined from the returns or in any other manner.
makf Returns SECTION 3. Ou or bcforc the first day of September in
to tax com- each year the assessors of everv citv and town shall make a
missionerot • . . . '^ . ' , » i
certain projjerty Tctum to the tax commissioucr m such lorm as he may
taxation. prescribe of the value of property exempted from taxation
under the provisions of clauses thirteen and fourteen of
section five of Part I of said chapter four hundred and ninety,
and acts in amendment thereof and in addition thereto,
together with the amount of taxes which would have been
assessed on such property but for said exemption.
General Acts, 1916. — Chap. 300. 327
Section 4. The tax commissioner from the said returns Reimbursement
or otherwise shall determine the total amount of taxes thus townffoMosa
exempted throughout the commonwealth and shall apportion goWiera*''^
one third of such taxes among the cities and towns according exemptions.
to the basis determined by him for an apportionment of
the state tax in accordance with sections one hundred and
one hundred and one of Part I of said chapter four hundred
and ninety, and acts in amendment thereof and in addition
thereto, and the amounts so determined shall be a charge
upon each city and town. He shall also determine the
amounts of taxes so exempted and they shall be a credit to
the city or town making the exemption. He shall forthwith
give notice in WTiting by mail or at their office to the assessors
of each city or town thereby affected of the amounts so
charged against and credited to it, and they may within Board of
ten days after notice of such determination appeal there- °'^^^ '
from to the board of appeal constituted under the provisions
of section sixty-eight of Part HI of said chapter four hundred
and ninety.
Section 5. The tax commissioner shall, at the expiration Certification
of ten days after said notice, or upon being informed of the credits to
decision of the board of appeal, if an appeal is taken, certify anT
to the treasurer and receiver general the amount of charges e^"^^""^'-
against and credits to each city and town as so determined,
and the treasurer and receiver general shall thereupon
witlihold out of any sums payable by the commonwealth
to any city or town against which a charge is certified, or
shall allow or pay over to each city or town to which a credit
is certified, as the case may be, the amount so certified.
Section 6. This act shall take effect upon its passage.
Aiyproved June 2, 1916.
treasurer
receiver
Chap.Zm
An Act relative to the taxation of bonds registered
with the tax commissioner.
Be it enacted, etc., as follows:
Section 1 . Upon the registration as hereinafter provided ^^ation of
of any bond secured by mortgage on tangible property bonds,
situated within or without the commonwealth which is
subject to taxation wherever situated and which is there
actually taxed, a tax of six per cent upon the annual income
derived from such bond shall be assessed by the tax com-
missioner upon the holder thereof in the manner provided in
the following section.
328
General Acts, 1916. — Chap. 300.
Registration,
etc., with the
tax commis-
sioner.
Exemption,
etc., when no
income is paid
on bond.
Certain bonds
exempt, etc.
Amount of tax
regulated.
Fee for
sending notice
of registration
to assessors, etc.
Section 2. On or before the first day of July in the
year nineteen hundred and sixteen the holder of any such
bond may present the same to the tax commissioner for
registration with a statement in such form as the tax com-
missioner shall require describing the mortgage securing the
same and the property covered by the mortgage. If the
tax commissioner finds that the said bond is secured by a
mortgage upon tangible property which is subject to taxation
and which has actually been taxed during the year prior to
such statement, he shall register the bond and shall compute
the amount of the tax to be paid upon the annual income
derived therefrom and shall issue a certificate stating the
amount of the tax so computed. Upon the payment of such
tax, the tax commissioner shall receipt for the same upon the
certificate, and the bond shall then be exempt from the
imposition of any other assessments, rates or taxes within
the commonwealth for the year nineteen hundred and
sixteen. If the tax commissioner finds that no income has
been paid on any such bond during the year prior to the
date of the presentation thereof as above provided, he shall
so certify, and such bond shall be exempt from the im-
position of any assessments, rates or taxes within the com-
monwealth for the year nineteen hundred and sixteen.
Section 3. On or before the first day of July in the year
nineteen hundred and sixteen, any bond which has been
registered on or after April second of the year nineteen
hundred and fifteen, under the provisions of chapter seven
hundred and sixty-one of the acts of the year nineteen
hundred and fourteen, and acts in amendment thereof and
in addition thereto, may be registered under the provisions
of this act without the statement required under the pro-
visions of section two, and such registration shall exempt
the bond from taxation for the year nineteen hundred and
sixteen. If the amount of the tax is greater than the regis-
tration fee, the holder of the bond shall pay to the tax com-
missioner the dift'erence in amount between the tax and the
fee. If the amount of the fee is greater than the tax, the tax
commissioner or, if he has transmitted the fee to the treasurer
and receiver general, the last named officer, shall repay the
difference to the holder of the bond.
Section 4. If the person registering any bond or bonds
under the provisions of this act, was the owner thereof on the
first day of April in the year nineteen hundred and sixteen,
he shall at the time of payment of the registration tax pay
General Acts, 1916. — Chap. 301. 329
to the tax commissioner an additional fee of twenty-five
cents to cover the cost of sending to the assessors of the city
or town In which the taxpayer resides a notice of the regis-
tration of the bond or bonds and of the exemption thereof
from taxation. The tax commissioner shall forthwith send
a notice to the assessors of the city or town, stating the
name and residence of the taxpayer, and giving such de-
scription of the bond or bonds registered as may be necessary
to Identify it or them to the assessors for the purpose of
allowing said exemption. No more than one fee of twenty- Additional fee
five cents shall be collected from one person for such notice ditionl^ notice,
as to any number of bonds registered by him at one time, ^^■
unless, by reason of the number or diversity of the bonds
filed for registration, they cannot all be described upon the
form of notice ordinarily used by the tax commissioner, In
which case the commissioner may collect an additional fee
of twenty-five cents for each additional notice, or additional
sheet annexed to the notice, that he deems necessary.
Section 5. After the first day of July In the year nineteen After juiy i,
hundred and sixteen, no bonds shall be registered under need not be
chapter seven hundred and sixty-one of the acts of the year u^de^r^'certain
nineteen hundred and fourteen, and acts in amendment ^^^.tute.
thereof and In addition thereto, including this act.
Section 6. Section twenty-nine of chapter two hundred P29'reVa^|i
and sixty-nine of the General Acts of the year nineteen
hundred and sixteen is hereby repealed.
Section 7. All acts or parts of acts inconsistent here- Repeal,
with are hereby repealed.
Section 8. This act shall take effect upon Its passage.
Approved June 2, 1916.
An Act relative to the resignation of trustees, rhnj. qqi
Be it enacted,